COLUMBIA  LIBRARIES  OFFSITE 


HX641 15828 
RA121.A5N48  1919  '  : : 


Columbia  Sinifcem'tp 
tntJjeCttpoflmjgork 

College  of  3Pfesirian#  attb  £§mrg;eon£ 
lifcrarp 


Digitized  by  the  Internet  Archive 

in  2010  with  funding  from 

Open  Knowledge  Commons 


http://www.archive.org/details/publichealthmanu1919newy 


NEW  YORK 
STATE  DEPARTMENT  OF  HEALTH 

HERMANN  M.  BIGGS,  M.D. 
Commissioner 


The  Public  Health 
Manual 

CONTAINING 

The  Public  Health  Law 
The  Sanitary  Code 

AND 

The  Provisions  in  Other  General  Laws 
Relating  to  Public  Health 


Special  Rules  and  Regulations  of  the  State 

Commissioner  of  Health  may  be  obtained 

from  the  Department  upon  request 


ALBANY 

J.  B.  LYON  COMPANY,  PRINTERS 

19  19 


H 


/  v  / 


A) 


NEW    YORK    STATE    DEPARTMENT    OF    HEALTH 


Commissioner,    Hermann  M.   Biggs,  M.D.,   LL.D. 

Deputy  Commissioner,  Matthias  Nicoll,  Jr.,  M.D. 

Secretary,  John  A.   Smith,  M.D. 

Assistant  to  the  Deputy  Commissioner,  B.  R.  Rickards,  S.E., 

Executive  Clerk,  Fenimore  D.  Beagle 


Directors  of  Divisions 

Division  of  Sanitary   Engineering.  .Theodore   Horton,  C.E. 
Division  of  Laboratories  and  Research 

Augustus   B.    Wads  worth,  M.D. 

Division  of  Vital  Statistics Otto  R.  Eichel,  M.D. 

Division  of  Communicable  Diseases .  .  Fred  M.  Meader,  M.D. 

Division  of  Child  Hygiene Henry  L.  K.   Shaw,  M.D. 

Division  of  Public    Health    Education 

Division  of  Tuberculosis.  (Supervisor)  M.  Edgar  Rose,  M.D. 
Bureau  of  Venereal  Diseases. . .  (Chief)  J.  S.  Lawrence,  M.D. 


Consulting  Staff 

Bacteriologist William  H.  Park,  M.D. 

Director,  Laboratories,  New  York  City  Dept.  of  Health 

Animal    Pathology .Theobald    Smith,  M.D. 

Former     Professor,     Comparative     Pathology,     Harvard 

University  ;  Director,  Division  of  Animal  Pathology, 

Rockefeller    Institute    for   Medical    Research 

Communicable  Disease Alvah  H.  Doty,  M.D. 

Former  Health  Officer  of  the  Port  of  New.  York 

Surgeon George  D.    Stewart,  M.D. 

Professor,   Surgery,   New  York  University  and  Bellevue 
Hospital  Medical  College 

Dermatologist Frederic  C.   Curtis,  M.D. 

Former  Professor,  Dermatology,  Albany.  Medical  College 

Pediatrician L.   Emmett  Holt,  M.D.,  LL.D. 

Professor,    Diseases    of   Children,    Columbia   University, 
New  York  City- 

Statistician Walter  F.  Willcox,  Ph.D. 

Professor,  Political  Economy  and  Statistics,  Cornell 
University 

Public  Health  Education C.-E.  A.  Winslow,  S.B.,  M.S. 

Professor,  Public  Health,  Yale  University 

Orthopedic  Surgeon Robert  W.  Lovett,  M.D. 

Professor,  Orthopedic  Surgery,  Harvard  University 

Orthopedic  Surgeon Royal  Whitman,  M.D. 

Attending  Surgeon,  Hospital  for  Ruptured  and  Crippled, 
New  York  City 


Hermann  M.  Biggs,  M.D.,  LL.D.,  New  York  City,  Chairman 
Joseph  Warren,  61  Broadway,  New  York  City,  Secretary. 

Mrs.  Elmer  Blair Albany 

Chairman,  Public  Health  Dept,  General  Federation  of 
Women's  Clubs 

Simon  Flexner,  M.D.,  LL.D New  York  City 

Director,    Laboratories    of    Rockefeller    Institute    for 
Medical  Research 

Homer  Folks,,  LL.D Yonkers 

Secretary,  State  Charities  Aid  Association 

Henry  N.   Ogden,   C.E Ithaca 

Professor,  Sanitary  Engineering,  Cornell  University 

T.  Mitchell  Prudden,  M.D.,  LL.D New  York  City 

Vice-President,  Board  of  Scientific  Directors,  Rockefeller 
Institute  for  Medical  Research 

Jacob  Goldberg,  M.D Buffalo 

Oculist,  German  Dispensary 


PUBLIC    HEALTH    MANUAL 
Table  of  Contents 

PAGE 

Officers  of  the  Department 3 

The  Public  Health  Law 7 

State  Department   of   Health 7 

Local  Boards  of  Health 22 

Adulterations     51 

Potable  Waters ." 58 

Quarantine  at  Port  of  New  York 78 

(Act  creating  Commission  to  negotiate  trans- 
fer of  Quarantine  Station  to  United  States).  82 

Health  Officer  of  the  Port  of  New  York 84 

Practice  of  Medicine 100 

Dental  Societies  and  the  Practice  of  Dentistry.  115 

Veterinary  'Medicine  and  Surgery 134 

Pharmacy    146 

Registration  of  Nurses   168 

Chiropody  171 

Embalming  and  Undertaking 181 

Optometry    189 

Vaccination  of  School  Children 199 

Sanitary  Condition  of  Bathing  Establishments.  201 

Institutions  for  Children 204 

Cadavers   206 

Tuberculosis  Law   211 

Cold  Storage   226 

Cleanliness  in  Preparation  and  Service  of  Food .  232 
Suppression  of  Certain  Nuisances    (Houses  of 

Prostitution,  etc.)    234 

Regulation  of  Certain  Contagious  Diseases  (Ve- 
nereal Disease  Law) 237 

State  Institute  for  the  Study  of  Malignant  Dis- 
ease   241 

Operations  for  the  Prevention  of  Procreation.  .  245 

Sanitary  Conditions  in  Hotels 248 

Vital  Statistics   249 

County    Mosquito    Extermination    Commission 

(Nassau  County)    271 

Narcotic  Drug  Control 279 

Act  establishing  Bureau  of  Venereal  Diseases.  .  301 

The  Sanitary  'Code 302 

Introductory  Note    302 

Chapter  I.  Definitions  and  General  Provisions.  303 


6  Contents. 

The  Sanitary  Code —  (Continued) .  page 

Chapter  II.  Communicable  Diseases    304 

Chapter  III.  Milk  and  Cream 333 

Chapter  IV.  Midwives     344 

Chapter  V.  Labor  Camps   347 

Chapter  VI.  Nuisances  which   may    affect    life 

and  health   353 

Chapter  VII.  Miscellaneous    355 

Chapter  VIII.  Boarding  Houses  360 

Chapter  IX. 362 

Extracts  from  Other  Laws  Concerning  Public  Health 
and  Public  Health  Authorities: 

Agricultural  Law   363 

Code  of  Criminal  Procedure 399 

Conservation  Law    400 

County  Law 404 

Domestic  Relations  Law 425 

Education  Law   439 

Farms  and  Markets  Law 447 

Food  Commission  Law 451 

General  Business  Law 451 

General  City  Law 457 

General  Corporation  Law   461 

General  Municipal  Law 465 

Insanity  Law 470 

Labor  Law   483 

Act  providing  for  Registration  and  Supervision 

of  Laboratories   504 

Liquor  Tax  Law    505 

Extermination  of  Mosquitoes,  Suffolk  County.  .  507 

Navigation  Law 509 

Penal  Law   511 

Poor  Law  526 

Prison  Law 528 

Public  Officers  Law 529 

Public  Service  Commissions  Law 530 

Second  Class  Cities  Law 532 

State  Charities  Law 535 

Tenement  House  Law   541 

Town  Law    542 

Village  Law  565 


PUBLIC  HEALTH  LAW 

L.  1909,  ch.  49,  constituting   chap.    45  of  Cons.  Laws 

ARTICLE    I 

Short  title 

Section  1.  Short  title.     This  chapter  shall  be  known 
as  the  "  Public  Health  Law." 

ARTICLE    II 

State  department  of  health 

Section    2.      State  department  of  health;  commissioner 
of  health;  deputy. 
2-a.  Public  health  council. 
2-b.  Sanitary  code. 
2-c.  Enforcement  of  sanitary  code. 

3.  Compensation  of  officers  and  employees. 
3-a.  Divisions. 

4.  General  powers  and  duties  of  commissioner. 
4-a.  Sanitary    districts ;     sanitary    supervisors ; 

public  health  nurses. 
4-b.  Duties    of    commissioner    with    respect    to 

laboratories. 
4-c.  Duties    of    commissioner    with    respect    to 

hospitals  for  contagious  diseases. 

5.  Duties    with    respect    to    vital    statistics. 

(Eepealed.) 
5-a.  Regulation  and  control  of  autopsies. 

6.  Nuisances. 

7.  Overflow  of  water  from  the  canals. 

8.  Employment  of  local  boards  and  experts. 

[7] 


The  Public  Health  Manual 


Section    9. 

10. 
11. 

12. 
13. 
14. 

15. 
■  16. 


17. 


Examination  and  inspection  of  public 
works. 

Acquisition  of  land- 
Power  of  commissioner  where  board  of 
health  fails  to  appoint  health  officer. 

Annual  report. 

Tenement  houses  in  cities. 

Approval  of  plans  for  certain  works  built 
by  state  and  inspection  of  state  institu- 
tions by  state  commissioner  of  health. 

State  board  of  health  to  mean  department 
of  health. 

Pending  actions  and  proceedings  not  af- 
fected. 

Violations   of    health   laws   or    regulations. 


§  2.  State  department  of  health;  commissioner  of 
health;  deputy."  The  state  department  of  health  and 
the  office  of  commissioner  of  health  are  continued. 
The  commissioner  of  health  shall  be  the  head  of  such 
department.  Such  commissioner  shall  be  appointed  by 
the  governor,  by  and  with  the  advice  and  consent  of  the 
senate,  and  shall  be  a  physician,  a  graduate  of  an 
incorporated  medical  college,  of  at  least  ten  years' 
experience  in  the  actual  practice  of  his  profession,  and 
of  skill  and  experience  in  public  health  duties  and  sani- 
tary science.  During  his  term  of  office  he  shall  not 
engage  in  any  occupation  which  would  conflict  with  the 
performance  of  his  official  duties.  The  term  of  office 
of  the  commissioner  shall  be  six  years,  beginning  on 
the  first  day  of  January  of  the  year  in  which  he  is 
appointed.  The  commissioner  of  health  shall  appoint 
and  at  pleasure  remove  a  deputy  commissioner,  who 
shall  be  a  physician  actively  engaged  in  the  practice 
of  his  profession  in  this  state  for  at  least  five  years. 
The  deputy  shall  perform  such  duties  as  shall  be  pre- 


State  Department  of  Health  { 

scribed   by   the    commissioner.    (Am'd   by    L.    1913,   ch. 
559,  in  effect  May  16,  1913.) 

§  2-a.  Public  health  council.     There  shall  be  a  public  Public 
health  council  to  consist  of  the  commissioner  of  health,  Councii 
and  six  members  hereinafter  called  the  appointive  mem- 
bers, to  be  appointed  by  the  governor,  of  whom  at  least 
three  shall  be  physicians  and  shall  have  had  training  QUaiinca- 
or  experience  in  sanitary  science,  and   one  shall  be  a  tions 
sanitary    engineer.      Of    the    appointive    members    first  Term  of 
appointed    one    shall    hold    office    until    January    first,  offlce 
nineteen  hundred    and    fourteen,     one    until    January 
first,  nineteen  hundred  and  fifteen,  one  until  January 
first,  nineteen  hundred  and  sixteen,  one  until  January 
first,   nineteen   hundred   and   seventeen,   one  until   Jan- 
uary first,  nineteen  hundred  and  eighteen,  and  one  until 
January  first,  nineteen  hundred  and  nineteen,  and  the 
terms  of  office  of  members  thereafter  appointed,  except 
to  fill  vacancies,  shall  be  six  years.    Vacancies  shall  be  vacancies 
filled    by    appointment    for    the   unexpired    term.      The 
public  health   council   shall  meet   as  frequently   as   its  Meetings 
business  may  require,  and  at  least  twice  in  each  year. 
The  governor  shall  designate  one  of  the  members  of  the 
public   health   council   as   its   chairman.     The   commis-  cbairman 
sioner  of  health  upon  the  request  of  the  public  health 
council   shall  detail  an   officer   or  employee  of  the  de- 
partment of  health  to  act  as  secretary   of  the  public  secretary 
health  council,  and  shall  detail  from  time  to  time  such 
other  employees  as  the  public  health  council  may  re- 
quire.    The  public  health  council  shall  enact  and  from 
time   to   time   may   amend   by-laws   in   relation   to   its 
meetings  and  the  transaction  of  its  business.    The  mem- 
bers of  the  public  health  council  other  than  the  com- 
missioner of  health  shall  each  receive  an  annual  salary 
of    one    thousand    dollars    and    all    members    shall    be 
reimbursed  for  their  reasonable  and  necessary  travel-  Salaries 
ing  and  other  expenses  incurred  in  the  performance  of  expenses 


10  The  Public  Health  Manual 

their  official  duties.  (Added  by  L.  1913,  ch.  559,  in  effect 
May  16,  1913.) 

§  2-b.  Sanitary  code.    The  public  health  council  shall 
have   power  by  the   affirmative  vote   of   a   majority  of 
its  members  to  establish  and  from  time  to  time  amend 
sanitary        sanitary    regulations,    hereinafter    called    the    sanitary 
code,  without  discrimination  against  any  licensed  phy- 
sicians.    The  sanitary  code  may  deal  with  any  matters 
affecting  the  security  of  life  or  health  or  the  preserva- 
tion and  improvement  of  public  health  in  the  state  of 
New  York,   and   with  any  matters   as  to  which  juris- 
diction is  hereinafter  conferred  upon  the  public  health 
council.      The    sanitary    code    may    include    provisions 
regulating  the  practice  of  midwiferyt  and  for  the  pro- 
motion   of    health    in   any    or    all    Indian    reservations. 
copies  of      Every  regulation  adopted  by  the  public  health  council 
to  be  filed,  shall   state   the   date   on  which   it   takes   effect,   and   a 
^ent  t0         copy  thereof,  duly  signed  by  the  secretary  of  the  public 
officers  and  health  council,  shall  be  filed  in  the  office  of  the  secretary 
of  state,  and  a  copy  thereof  shall  be  sent  by  the  com* 
missioner   of   health  to   each   health   officer   within  the 
state,   and   shall  be   published   in   such  manner   as  the 
public  health  council  may  from  time  to  time  determine. 
The  provisions  of  the  sanitary  code  shall  have  £he  force 
violation       and   effect    of   law   and   any   violation    of    any   portion 
of  code        thereof  may  be  declared  to  be  a  misdemeanor.!    No  pro- 

a    mis-  ^  A 

demeanor      vision  of  the  sanitary  code  shall  relate  to  the  city  of 
Not  to  New  York  or  any  portion  thereof,  and  every  provision 

New e  York    °^  ^ne  sanitary  c°de  shall  apply  to  and  be  effective  in 
city  all  portions  of  the  state  except  the  city  of  New  York 

unless   stated  otherwise.    (Added  by  L.    1913,   ch.   559, 

in  effect  May  16,  1913.) 

§  2-c.  Enforcement  of  sanitary  code.     The  provisions 

of  the  sanitary  code  shall,  as  to  matters  to  which  it 

relates,  and  in  the  territory  prescribed  therefor  by  the 


t  See  Chap.  IV,  Sanitary  Code,  p.  344 

t  See  Sanitary  Code,  Chap.  I,  Reg.  2,  p.  303 


State  Department  of  Health  11 

public    health    council,    supersede    all    local    ordinances  code  super- 

s  6  d  6  s     1 0  <"'  3. 1 

heretofore   or  hereafter   enacted  inconsistent  therewith,  ordinances 
Each  city,  town  or  village  may,  in  the  manner  herein- 
after prescribed,  enact  sanitary  regulations  not  incon-  Local  sani- 
sistent  with  the  sanitary  code  established  by  the  public  iat7onsreSU 
health  council.     The  public  health   council  shall   have 
power  to  prescribe  by  regulations  the  qualifications  of  council 
directors  of  divisions,  sanitary  supervisors,  local  health  g°ri£eG 
officers   hereafter   appointed   and  public   health   nurses,  quaiifica- 

.  rr  r  tions 

The  actions,  proceedings  and  authority  of  the  state 
health  department  in  enforcing  the  provisions  of  the 
public  health  law  and  sanitary  code  applying  them  to 
specific  cases  shall  at  all  times  be  regarded  as  in  their 
nature  judicial,  and  shall  be  treated  as  prima  facie 
just  and  legal.  All  meetings  of  said  public  health 
council  shall  in  every  suit  and  proceeding  be  taken  to 
have  been  duly  called  and  regularly  held,  and  all  regu- 
lations and  proceedings  to  have  been  duly  authorized 
unless  the  contrary  be  proved. 

The  public  health  council  shall  have  no  executive,  Powers  of 
administrative  or  appointive  duties.  It  shall,  at  the counci1 
request  of  the  commissioner  of  health,  consider  any  mat- 
ter relating  to  the  preservation  and  improvement  of 
public  health,  and  may  advise  the  commissioner 
thereon;  and  it  may  from  time  to  time  submit  to  the 
commissioner  any  recommendations  which  it  may  deem 
wise.  (Added  by  L.  1913,  eh.  559,  in  effect  May  16, 
1913.) 

§   3.   Compensation   of  officers  and   employees.     The  salary  and 
commissioner  of  health  shall  receive  an  annual  salary  exPen.ses  of 

J   commis- 

of   eight   thousand   dollars,    and  his   expenses    actually  sioner 
and   necessarily    incurred    in    the    performance    of    his 
official  duties,  to  be  paid  monthly  on  the  audit  of  the 
comptroller.     The  deputy  commissioner  of  health  shall  of  deputy 
receive  an  annual  salary  of  five  thousand  dollars  and 
his  expenses  actually  and  necessarily   incurred  in  the 


12 


The  Public  Health  Manual 


Divisions 
in  state 
depart- 
ment   of 
health 


performance  of  his  official  duties,  to  be  paid  monthly 
on  the  audit  of  the  comptroller.  The  commissioner  of 
health  may  employ  such  clerical  and  other  assistants 
as  are  necessary  for  the  proper  performance  of  the 
powers  and  duties  of  the  department,  and  fix  their  com- 
pensation within  the  amount  appropriated  therefor  by 
the  legislature.  (Am'd  by  L.  1913,  ch.  559,  in  effect 
May  16,  1913.) 

§  3-a.  Divisions.  There  shall  be  in  the  state  depart- 
ment of  health  the  following  divisions,  together  with 
such  other  divisions  as  the  commissioner  may  from 
time  to  time  determine: 


1.  Division  of  administration; 

2.  Division  of  sanitary  engineering; 

3.  Division  of  laboratories  and  research; 

4.  Division  of  communicable  diseases; 

5.  Division  of  vital  statistics; 

6.  Division  of  publicity  and  education; 

7.  Division  of  child  hygiene; 

8.  Division  of  public    health    nursing; 

9.  Division  of  tuberculosis.* 


Each  such  division  shall  be  under  the  management 

of  a  director  appointed  by  the  commissioner.     (Added 

by  L.   1913,  ch.  559,  in  effect  May  16,  1913.). 

General  §  4-  General  powers  and  duties  of  commissioner.    The 

powers  and  commissioner    of    health    shall   take    cognizance    of    the 

duties  of 

commis-  interests  of  health  and  life  of  the  people  of  the  state, 
and  of  all  matters  pertaining  thereto.  He  shall  exer- 
cise general  supervision  over  the  work  of  all  local 
health  authorities  except  in  the  city  of  New  York.  He 
shall  be  charged  with  the  enforcement  of  the  public 
health  law  and  the  sanitary  code.  He  shall  make  in- 
quiries in  respect  to  the  causes   of  disease,   especially 


*  See  Bureau  of  Venereal  Diseases,  page  301 


State  Department  of  Health  13 

epidemics,  and  investigate  the  sources  of  mortality, 
and  the  effect  of  localities,  employments  and  other 
conditions,  upon  the  public  health.  He  shall  obtain, 
collect  and  preserve  such  information  relating  to  mor- 
tality, disease  and  health  as  may  be  useful  in  the 
discharge  of  his  duties  or  may  contribute  to  the  pro- 
motion of  health  or  the  security  of  life  in  the  state. 
He  may  issue  subpoenas,  compel  the  attendance  of  wit- 
nesses and  compel  them  to  testify  in  any  matter  or 
proceeding  before  him,  and  a  witness  may  be  required 
to  attend  and  give  testimony  in  a  county  where  he 
resides  or  has  a  place  of  business  without  the  payment 
of  any  fees.  The  commissioner  of  health*  may  reverse 
or  modify  an  order,  regulation,  by-law  or  ordinance  of  a 
local  board  of  health  concerning  a  matter  which  in  his 
judgment  affects  the  public  health  beyond  the  territory 
over  which  such  local  board  has  jurisdiction;  and  may  Right  of 
exercise  exclusive  jurisdiction  over  all  lands  acquired  by  entrance 
the  state  for  sanitary  purposes.  The  commissioner  of 
health  and  any  person  authorized  by  him  so  to  do,  may, 
without  fee  or  hindrance,  enter,  examine  and  survey 
all  grounds,  erections,  vehicles,  structures,  apartments, 
buildings  and  places.  (Am'd  by  L.  1913,  ch.  559,  in 
effect  May  16,  1913.) 

§  4-a.  Sanitary  districts;  sanitary  supervisors;  pub- 
lic health  nurses.  The  commissioner  of  health  shall 
from  time  to  time  divide  the  state,  except  cities  of 
the  first  class,  into  twenty  or  more  sanitary  districts.  Sanitary 
He  shall  appoint  for  each  of  such  districts  a  sanitary 
supervisor  who  shall  be  a  physician.  Each  sanitary  Sanitary 
supervisor,  under  the  direction  of  the  commissioner 
of  health  and  subject  to  the  provisions  of  the  sanitary 
code,  shall,  in  addition  to  such  other  duties  as  may  be 
imposed  upon  him,  perform  the  following  duties: 

1.  Keep    himself    informed    as   to   the   work   of   each 
local    health    officer   within   his    sanitary    district; 

2.  Aid   each   local   health  officer  within  his   sanitary 


14 


The  Public  Health  Manual 


Duties 


Sanitary 
super- 
visors' 
duties 


Public 
health 
nurses 


district  in  the  performance  of  his  duties,  and  particu- 
larly on  the  appearance  of  any  contagious   disease; 

3.  Assist  each  local  health  officer  within  his  sanitary 
district  in  making  an  annual  sanitary  survey  of  the 
territory  within  his  jurisdiction,  and  in  maintaining 
therein  a  continuous  sanitary  supervision; 

4.  Call  together  the  local  health  officers  within  his 
district  or  any  portion  of  it  from  time  to  time  for 
conference ;  f 

5.  Adjust  questions  of  jurisdiction  arising  between 
local  health  officers  within  his  district; 

6.  Study  the  causes  of  excessive  mortality  from  any 
disease   in  any  portion   of  his   district; 

7.  Promote  efficient  registration  of  births  and  deaths; 

8.  Inspect  from  time  to  time  all  labor  camps  within 
his  district  and  enforce  the  regulations  of  the  public 
health  council  in  relation  thereto  ;$ 

9.  Inspect  from  time  to  time  all  Indian  reservations 
and  enforce  all  provisions  of  the  sanitary  code  relating 
thereto; 

10.  Endeavor  to  enlist  the  cooperation  of  all  the 
organizations  of  physicians  within  his  district  in  the 
improvement   of   the  public  health  therein; 

11.  Promote  the  information  of  the  general  public  in 
all  matters  pertaining  to  the  public  health; 

12.  Act  as  the  representative  of  the  state  commis- 
sioner of  health,  and  under  his  direction,  in  securing 
the  enforcement  within  his  district  of  the  provisions  of 
the   public  health  law  and  the   sanitary  code. 

The  commissioner  of  health,  whenever  he  may  deem 
it  expedient  so  to  do,  may  employ  such  number  of  pub- 
lic health  nurses  as  he  may  deem  wise  within  the  limits 
of  his  appropriation,  and  may  assign  them  from  time 
to  time  to  such  sanitarv  districts  and  in  such  manner 


t  See  §  21-b,  subd.  7,  p.  34 

t  See  Sanitary  Code,  Chap.  V,  p.  347 


State  Department  of  Health  15 

as  in  his  judgment  will  best  aid  in  the  control  of  con- 
tagious and  infectious  diseases  and  in  the  promotion 
of  public  health.  (Added  by  L.  1913,  ch.  559,  in  effect 
May  16,  1913.) 

§  4-b.  Duties  of  commissioner  with  respect  to  labora-  Labora- 
tories.*   The  commissioner  of  health  shall  establish  and  tories 
maintain    one    or    more    laboratories    with    such   expert 
assistants    and    such    facilities    as    are    necessary    for 
routine    examinations    and    analyses,    and    for    original 
investigations  and  research  in  matters  affecting  public 
health.     He  shall  have  authority  to  make,  at  the  ex- 
pense of  the  state,  such  examinations  and  analyses  at 
the  request  of  any  health  officer  or  of  any   physician. 
He  may  enter  into  contracts  with  laboratories  in  locali- 
ties accessible  to  the  various  portions  of  the  state  for 
the    prompt    examination    of    specimens    received    from 
local  health  officers  or  physicians  and  for  the  immedi- 
ate report  thereon,   at  the   expense   of  the  state;    pro- 
vided that  all  such  laboratories  shall  conform  to  stand-  Branch 
ards  of  efficiency  established  by  the  public  health  coun-  labora- 
cil,    and   that   no   obligation   shall   be   incurred   by   the 
commissioner  in  excess  of  the  sums  available  tlierefor. 
(Added  by  L.  1913,  ch.  559,  in  effect  May  16,  1913.) 

§  4-c.  Duties  of  commissioner  with  respect  to  hospi-  Hospitals 
tals    for    contagious    diseases.      The    commissioner    of  [°gioc°"~ 
health  shall  from  time  to  time  submit  to  the  authorities  leases 

for   munici- 

of  the  several  municipalities  of  the  state  such  recom-  paiities 
mendations  as  he  may  deem  wise  as  to  the  establish- 
ment   of    hospitals    for    contagious    diseases,    indicating 
the  diseases  for  which  in  his  judgment  provision  should 
be  made  and  the  extent  of  such  provision.     It  shall  be 
the  duty  of  the  commissioner  to  inspect  from  time  to  inspec- 
time   all   hospitals  for   contagious   diseases   maintained  r1e<pI0srtand 
under  the  jurisdiction  of  any  municipal  authority  and 
to.  report  as  to  the  condition  and  needs   of   such  hos- 


*  See  Sanitary  Code,  Chap.  IX,  Reg.  1,  potency  of  serums,  p.  362, 
and  L.  1917,  Chap.  411,  p.  504 


16 


The  Public  Health  Manual 


Record   to 
be  filed 


pitals  to  the  authorities  of  the  municipality,  and  to 
include  an  abstract  of  such  reports  in  his  annual  re- 
port. The  public  health  council  may  from  time  to 
time  establish  regulations  for  the  maintenance  of  hos- 
pitals for  contagious  diseases.  (Added  by  L.  1913,  ch. 
559,  in  effect  May   16,  1913.) 

§    5.  Duties   with   respect   to   vital   statistics.      (Re- 
pealed.  See  new  Vital  Statistics  Law,  article  xx*  herein. ) 

§  5-a.  Regulation  and  control  of  autopsies.  The 
commissioner  of  health  shall  prescribe  and  prepare 
the  necessary  methods  and  forms  for  obtaining  and 
preserving  records  and  statistics  of  autopsies  which 
are  conducted  by  the  coroner  or  by  his  order  within 
the  state  of  New  York,  and  shall  require  all  those  per- 
forming such  autopsies,  for  the  purpose  of  determining 
the  cause  of  death,  to  enter  upon  such  record  the  patho- 
logical appearances  and  findings  embodying  such  infor- 
mation as  may  be  prescribed,  and  to  append  thereto 
the  diagnosis  of  the  cause  of  death,  and  a  copy  thereof 
shall  be  duly  filed,  within  ten  days,  with  the  coroner  of 
the  county  in  which  such  autopsy  shall  be  held,  and 
a  transcript  thereof  shall  be  filed,  within  ten  days 
thereafter,  by  the  coroner,  with  the  state  commissioner 
of  health,  and  it  shall  thereupon  become  a  matter  of 
public  record  which  shall  be  open  to  the  inspection  and 
transcription  of  and  by  one  affected  or  likely  to  be 
affected,  in  a  civil  or  criminal  action,  by  its  contents, 
upon  an  order  of  a  court  of  record  or  of  a  justice  of 
the  supreme  court. 

It  shall  be  the  duty  of  any  surgeon  performing  such 
an  autopsy,  under  the  provisions  of  this  section,  to  per- 
mit the  attendance,  as  a  matter  of  right,  of  a  person, 
or  the  medical  representative  of  such  person,  likely  to 
be  the  defendant  or  representative  of  such  deceased  per- 
son in  a  civil  or  criminal  action,  of  which  such  autopsy 


*  This  reference  relates  to  second  article  xx 


State  Department  op  Health  17 

and  its  findings  and  conclusions  may  prove  to  become 
a  part,  or  in  any  way  affected  thereby.  (Added  by 
L.  1913,  ch.  620,  in  effect  May  21,  1913.) 

§  6.  Nuisances.-j-     The   commissioner    of   health   shall  Nuisances 
have   all  necessary  powers  to  make  examinations   into 
nuisances,    or   questions    affecting   the    security    of    life 
and  health  in  any  locality.     Whenever  required  by  the 
governor  of  the  state,  he  shall  make  such  an  examina- 
tion and  shall   report  the  results  thereof  to  the  gov-  investiga- 
ernor,  within  the  time  prescribed  by  him  therefor.     The  ordered  by 
report  of  every  such  examination,  when  approved  by  the  governor 
governor,  shall  be  filed  in  the  office  of  the  secretary  of 
state,  and  the  governor  may  declare  the  matters  public 
nuisances,  which  may  be  found  and  certified  in  any  such 
report    to   be    nuisances,    and   may    order    them   to   be 
changed,  abated  or  removed  as  he  may  direct.     Every 
such  order  shall  be  presumptive  evidence  of  the  exist- 
ence of  such  nuisance;  and  the  governor  may,  by  a  pre-  order  for 
cept  under  his  hand  and  official  seal,  require  the  district 
attorney,  sheriff  and  other  officers  of  the  county  where 
such    nuisance    is    maintained,    to    take    all    necessary 
measures    to    execute    such    order    and    cause   it   to   be 
obeyed,  and  the  acts  of  any  such  county  officer  in  the 
abatement  of  any  such  nuisance,  reasonable  or  necessary 
for  such  abatement,  shall  be  lawful  and  justifiable  and 
the  order  of  the  governor  a  sufficient  protection  to  such 
officer.     The  expense  of  such  abatement  shall  be  paid  Expense 
by  the  municipality  where  the  nuisance  occurs,  and  shall 
be  a  debt  recoverable  by  such  municipality  of  all  per- 
sons,  maintaining    it   or   assisting    in   its   maintenance, 
and  a  lien  and  charge  upon  the  lands  upon  which  the 
nuisance   is   maintained,   which  may  be   enforced  by   a 
sale  of  such  lands  to  satisfy  the  same. 

§  7.  Overflow  of  water  from  the  canals.     Whenever  overflow 
water  escaping  or  discharged  from  any  of  the  canals  of  from  canals 

t  See  Sanitary  Code,  Chap.  VI,  p.  353;  Nuisances,  Public  Health 
Law,  §26,  p.  40,  §31,  p.  44,  §  32,  p.45;  Penal  Law,  §§  1530, 1531,  p.  518 


IS 


The  Public  Health  Manual 


Employ- 
ment of 
local 

boards  and 
experts 


the  state,  through  water  gates,  spillways  or  otherwise, 
shall  overflow  adjacent  lands,  or  any  creek  or  stream 
receiving  such  waters,  or  collect  in  stagnant  pools  along 
the  canal  or  any  such  creek  or  stream  to  such  an  extent 
as  to  cause  disease  or  sickness  to  the  inhabitants  of  the 
vicinity,  any  three  of  such  inhabitants  may  make  a 
written  complaint  thereof  under  oath  to  the  commis- 
sioner of  health,  setting  forth  the  extent  of  the  injury 
to  the  public  health,  so  far  as  is  within  their  knowledge, 
and  the  length  of  time  the  disease  or  sickness  has  ex- 
isted, which  shall  be  accompanied  by  a  verified  certifi- 
cate of  a  practicing  physician  of  the  vicinity,  stating 
the  facts  known  to  him,  pertaining  to  the  allegations 
of  the  complaint.  Upon  receipt  of  such  complaint,  the 
commissioner  of  health  shall  forthwith  examine  into 
the  facts  and  circumstances  therein  set  forth,  and  may 
call  on  the  state  engineer  to  make  such  surveys  as  they 
may  require  for  their  information,  who  shall  make  the 
same  without  delay,  and  if  such  commissioner  is  satis- 
fied that  such  disease  or  sickness  exists,  and  is  caused 
by  waters  of  the  canal  escaping  or  discharged  therefrom, 
he  shall  so  report  to  the  superintendent  of  public  works, 
without  unnecessary  delay,  who  shall  forthwith  abate 
the  cause  of  such  disease  or  sickness. 

§  8.  Employment  of  local  boards  and  experts.  When- 
ever requested  by  the  commissioner  of  health,  any  city 
board  of  health  in  this  state  may  appoint  one  of  its 
members  to  act  with  and  assist  the  commissioner  dur- 
ing the  examination  of  any  nuisance,  or  for  the  pur- 
pose of  determining  whether  a  public  nuisance  exists. 
Such  representative  may  take  part  in  such  examination, 
and  sit  with  the  commissioner  during  the  conduct 
thereof,  but  the  final  determination  of  the  questions 
involved  shall  rest  solely  with  the  commissioner.  The 
commissioner  may  from  time  to  time  employ  competent 
persons  to  render  sanitary  service,  and  make  or  super- 
vise practical  and  scientific  investigations  and  examina- 


State  Department  of  Health  19 

tions    requiring    expert    skill,    and    prepare    plana    and 
reports    relative    thereto. 

.  §    9.   Examination   and   inspection    of   public    works.  Examina- 
All  persons  having  the  control,  charge  or  custody  of  any  inspection 
public  structure,  work  or  ground,  or  of  any  plan,  de-  ^f  r^bllc 
scription,  outline,  drawing  or  chart  thereof  or  relating 
thereto,  made,  kept  or  controlled  by  or  under  any  public 
authority,  shall  permit  and  facilitate  the  examination, 
inspection  and  copying  thereof  by  the  commissioner  of 
health,  or  by  any  person   authorized  by  him  to  make 
such  examination  or  inspection  or  such  copies. 

§    10.   Acquisition   of  land.     If  the   commissioner   of  Acquisi- 
health  or  the  health  officer   of  the  port  of  New  York  land   in 
shall  certify  to  the  commissioners  of  the  land  office  that  emergency 
by  reason  of  sudden  emergency  the  acquisition  of  any 
land  is  immediately  necessary  for  quarantine  or  other 
purposes  to  prevent  great  danger  to  the  public  health, 
and  such  commissioners  are  satisfied  that  such  action 
is  necessary,  such  commissioners  may  acquire  by  pur- 
chase or  by  condemnation,  in  the  name  of  the  people 
of  the  state  of  New  York,  such  land  as  in  their  judg- 
ment is  necessary  and  suitable  for  such  purposes. 

§    11.  Power  of  commissioner  where  board  of    health  power  of 
fails  to  appoint  health  officer.     If  any  local  board  of  commis- 

"  sioner 

health  shall  fail  to  appoint  a  health  officer,  the  com-  where 
missioner   of   health   may,    in    such   municipality,    exer-  health  fails 
cise   the  powers   of   a   health    officer   thereof.      The   ex-  ,t0  aPP°int 

r  _  health 

penses  lawfully  incurred  by  him  in  such  municipality  officer 
shall  be  a  charge  upon  and  paid  by  such  municipality 
until  such  time  as  a  local  health  officer  shall  be  ap- 
pointed therein,  whereupon  the  jurisdiction  of  the  com- 
missioner of  health  conferred  by  this  section  shall  Expenses 
cease.  (Am'd  by  L.  1913,  ch.  559,  in  effect  May  16, 
1913.) 

§    12.   Annual   report.      The   commissioner    of   health  Annual 

r  q  d  o  r  t 

Khali  annually,  on  or  before  the  first  Monday  in  Feb- 


Tenement 
houses  in 
cities 


20  The  Public  Health  Manual 

ruary,  make  a  written  report  to  the  governor  upon  the 
vital  statistics  and  sanitary  conditions  and  prospects  of 
the  state.  Such  reports  shall  set  forth  the  action  of  the 
department  and  of  its  officers  and  agents  and  the  names 
thereof  during  the  past  year,  a  detailed  statement  of  all 
moneys  paid  out  by  or  on  account  of  the  department, 
and  the  manner  of  its  expenditure  during  the  year,  and 
other  useful  information,  and  shall  suggest  any  further 
legislative  action  or  precaution  deemed  necessary  for 
the  better  protection   of  life   and  health. 

§  13.  Tenement  houses  in  cities.  The  commissioner 
shall  have  power  to  examine  into  the  enforcement  of 
the  laws  relating  to  tenement  houses  in  any  city. 
Whenever  required  by  the  governor,  he  shall  make  such 
an  examination  and  shall  report  the  results  thereof 
to  the  governor  within  the  time  prescribed  by  him 
therefor.  (Am'd  by  L.  1913,  ch.  559,  in  effect  May  16, 
1913.) 
Approval  of  §  14.  Approval  of  plans  for  certain  works  built  by 
plans  for      state  and  inspection  of  state  institutions  by  state  com- 

SLtllG    msti~ 

tutions,         missioner  of  health.     In  all  buildings  and  institutions, 

water 

supply,  owned,  maintained  or  controlled  by  the  state,  the  plans 

seet^erage'       for    all   water    supply,    sewerage,    sewage   disposal    and 
garbage    disposal    works,    shall    be    subject   to    the    ap- 
proval of  the  state  commissioner  of  health  before  being 
adopted    or    constructed.      The    state    commissioner    of 
health  shall  make  from  time  to  time  and  at  least  once 
inspec-         in    each   year,    an   examination    and    inspection    of    the 
state  °f         sanitary  conditions  of  all  state  institutions  and  trans- 
institu-         mit  copies  of  his  report  and  recommendations  thereon 
to  the  president  of  the  board  of  managers  or  trustees 
or   other   authority   in   charge   of  such   institution  and 
to   the   fiscal   supervisor   of   state   charities   in   case   of 
institutions  reporting  to  that  official.     It  shall  be  the 
duty    of    the    superintendents    of    said    institutions    to 
immediately  report  an  outbreak  of  a  contagious  or  in- 


State  Department  of  Health  21 

fectious  disease  to  the  state   commissioner  of  liealth,f  Rep0rt  of 
and  upon  receipt  of  such  report  the  state  commissioner  conta- 

r  r  r  gious     dis- 

of  health  shall  advise  the  superintendent  of  said  insti-  ease  in 
tution  as  to  the  best  means  to  effectually  control  said  tions 
disease.     It  shall  be  the  duty  of  the  state  commissioner 
of  health  to  make  regular  analyses  of  the  water  supplies  Analyses 
of   said  institutions,   at   least  twice   in   each  year,   and  supplies 
furnish  copies  of  his  reports  thereon  to  the  president  of  instl- 
of  the  board  of  managers  or  trustees  or  other  authority 
in  charge  of  the  institutions,  and  to  the  fiscal  super- 
visor of  state  charities  in  case  of  institutions  reporting 
to  that  official.    (Anrd  by  L.  1910,  ch.  92,  and  L.  1913, 
eh.  559,  in  effect  May  16.,  1913.) 

§  15.  State  board  of  health  to  mean  department  of 
health.  Whenever  the  term  "  state  board  of  health " 
occurs  or  any  reference  is  made  thereto,  in  any  law,  it 
shall  be  deemed  to  mean  or  refer  to  the  department  of 
health  as  described  in  this  article.  The  commissioner 
of  health  shall  have  all  the  powers  conferred  and  per- 
form all  the  duties  imposed  by  law  upon  the  state 
board  of  health,  or  any  member,  committee  or  officer 
thereof,  including  the  secretary. 

§  16.  Pending  actions  and  proceedings  not  affected. 
This  article  shall  not  affect  actions  or  proceedings,  civil 
or  criminal,  brought  by  or  against  the  state  board  of 
health,  and  pending  on  February  nineteenth,  nineteen 
hundred  and  one,  but  such  actions  or  proceedings  may 
be  prosecuted  or  defended  in  the  same  manner  and  to 
the  same  effect  by  the  commissioner  of  health  as  if  the 
foregoing  provisions  had  not  taken  effect.  Nor  shall 
any  of  the  foregoing  provisions  affect  in  any  manner 
any  order  or  recommendation  made  by,  or  any  other 
matters  or  proceedings  before  such  state  board  of  health, 
and  all  such  matters  and  proceedings  pending  before 
such  board  on  the  above  date  shall  be  continued  before 
the  commissioner  of  health. 


t  See  Sanitary  Code,  Chap.  II,  Reg.  3,  p.  307 


22  The  Public  Health  Manual 


Viola- 


§  17.  Violations  of  health  laws  or  regulations.  Any 
tions  of  person  violating,  disobeying  or  disregarding  the  terms 
laws  of    any    lawful   notice,    order    or    regulation   prescribed 

sanitary        by  the   state   commissioner  of  health   or  by  the   sani- 
code  tary  code,  or  any  provision  of  the  public  health  law  or 

sanitary  code,f  for  which  a  civil  penalty  is  not  other- 
wise expressly  prescribed  by  law,  shall  be  liable  to 
the  people  of  the  state  for  a  civil  penalty  not  to 
exceed  fifty  dollars  for  every  such  violation.  The  said 
penalty  may  be  recovered  by  an  action  brought  by  the 
state  commissioner  of  health  in  any  court  of  compe- 
tent jurisdiction.  Nothing  in  this  section  contained 
shall  be  construed  to  alter  or  repeal  any  existing-  pro-, 
vision  of  law  declaring  such  violations  or  any  of  them 
misdemeanors  or  felonies  or  prescribing  the  penalty 
therefor.  (Added  by  L.  1915,  ch.  384,  am'd  by  L.  1916, 
ch.  372,  in  effect  May  1,  1916.) 

ARTICLE  III 

Local  boards   of  health 

Section  20.     Local  boards  of  health. 

20-a.  Expenses   of    consolidated   health    district. 

21.  General  powers  and  duties  of  local  boards 

of  health. 

21-a.  Powers  and  duties  as  to  sewers. 

21-b.  General  powers  and  duties  of  health   offi- 
cers. 

21-c.  Public  health   nurses. 

22.  Lake  George  health  district. 

23.  Burial   and  burial  permits.      (Repealed.) 

24.  Regulating   interments   in   cemeteries. 

25.  Infectious    and    contagious    or    communi- 

cable diseases. 

26.  Nuisances. 


t  See  Sanitary  Code,  Chap.  I,  Reg.  2,  p.  304 


Local  Boards  of  Health  23 

Section  27.  Owner  to  bear  all  or  part  of  expense  of 
removal  of  waters  wherein  mosquito 
larvae   breed. 

28.  Assessing  cost  on  property  benefited. 

29.  Municipality  may  bear  part  of  expense. 

30.  Assessing  expense  upon  property  benefited. 

31.  Removal  of  nuisances. 

32.  Expense  of  abatement  of  nuisances  a  lien 

upon  the  premises. 

33.  Manufactures     in     tenement     houses     and 

dwellings. 

34.  Jurisdiction   of   town   boards. 

35.  Expenses,   how  paid. 

36.  Relief  of  indigent  Indians  in  case  of  epi- 

demic. 
36-a.  Care     and     maintenance     of     carriers    of 
disease. 

37.  Mandamus. 

38.  Exceptions  and  limitations   as   to   city   of 

New  York. 

39.  Certain  kinds  of  business  and  manufacture 

prohibited     in     cities     or    within    three 
miles   therefrom ;    exceptions. 

§  20.  Local  boards   of  health.     There  shall  continue  Local 
to  be  local  boards  of  health  and  health  officers  in  the   boards  of 

health 

several  cities,  villages  and  towns  of  the  state  except 
as  hereinafter  provided.  In  the  cities,  except  cities  of 
the  first  and  second  class,  the  board  shall  consist  of 
the  mayor  of  the  city  who  shall  be  its  president,  and 
at  least  six  other  persons,  one  of  whom  shall  be  a 
competent   physician,   who    shall   be   appointed   by   the  City 

.,  ,,  . .  ~     , ,  boards   of 

common   council,   upon   the   nomination   of   the   mayor,  health 
and   shall   hold   office   for   three   years.      Appointments 
of   members    of   such   boards    shall   be    made    for   such 
shorter   terms   as    at   any   time   may   be   necessary,   in 
order  that  the  terms  of  two  appointed  members  shall 


24 


The  Public  Health  Manual 


Health 
officers 
in   cities 


Town  and 
village 
boards   of 
health 


Health 
officers 
in    towns 
and 
villages 


Graduates 
of  public 
health 
course 
eligible 


Term   of 
office 

Removal    of 
health 
officer 
for    just 
cause 


Residence 

Notice   of 
member- 
ship and 
organiza- 
tion of 
board 


expire  annually.  In  the  cities,  except  cities  of  the 
first  and  second  class,  and  such  other  cities  whose 
charters  otherwise  provide,  the  board  shall  appoint, 
for  a  term  of  four  years,  a  competent  physician,  not 
one  of  its  members,  to  be  the  health  officer  of  the  city, 
and  shall  fill  any  vacancy  that  now  exists  or  may 
hereafter  exist  from  expiration  of  term  or  otherwise 
in  the  office  of  health  officer  of  the  city.  In  villages 
the  board  of  health  shall  consist  of  the  board  of  trus- 
tees of  such  village.  In  towns  the  board  of  health  shall 
consist  of  the  town  board.  The  local  board  of  health 
shall  appoint  a  competent  physician,  not  a  member  of 
the  local  board  of  health,  to  be  the  health  officer  of 
the  municipality.  Notwithstanding  the  provisions  of 
any  general  or  local  law  or  charter,  a  physician  who 
has  received  the  degree  of  doctor  of  public  health  in 
course  from  any  institution  of  learning  recognized  by 
the  regents  of  the  university  of  the  state  of  New  York, 
or  who  has  completed  a  course  in  public  health 
approved  by  the  public  health  council  at  the  time  of  his 
appointment,  shall  be  eligible  for  appointment  as 
health  'officer.  The  term  of  office  of  the  health 
officer  shall  be  four  years  and  he  shall  hold  office  until 
the  appointment  of  his  successor.  He  may  be  removed 
for  just  cause  by  the  local  board  of  health  or  the 
state  commissioner  of  health  after  *a  hearing;  such 
removal  by  the  local  board  of  health  must  be  approved 
by  the  state  commissioner  of  health.  The  health 
officer  need  not  reside  within  the  village  or  town  for 
which  he  shall  be  chosen.  Notice  of  the  membership 
and  organization  of  every  local  board  of  health  shall 
be  forthwith  given  by  such  board  to  the  state  depart- 
ment of  health.  The  term  "  municipality,"  when 
used  in  this  article,  means  the  city,  village,  town  or 
consolidated  health  district  for  which  any  such  local 
board  may  be  or  is  appointed.  The  provisions  herein 
contained  as  to  boards  of  health,  and  for  the  appoint- 


Local  Boards  of  Health  25 

ment  of  health  officers,  shall  apply  to  all  towns  and 
villages,  whether  such  villages  are  organized  under  gen- 
eral or  special  laws.  The  members  of  town  boards  and 
of  village  boards  of  trustees  and  of  boards  of  health  of 
consolidated  health  districts  shall  not  receive  addi- 
tional compensation  by  reason  of  serving  as  members 
of  boards  of  health.     Any  matter  within  the  jurisdic-  Health 

tyi  q  t  tsrs 

tion  of  a  town  or  village  board  of  health  may  be  con-  may  be 

sidered  and   acted  upon  at  any  meeting  of  such  town  taken  up  f* 
r  jo  any    meet- 

board  or  village  board  of  trustees.  ting  of 

The  state  commissioner  of  health,  on  the  request  of  board  or 

the  town  board  of  any  town  and  the  board  of  trustees  ?a^e 

of  any  village  and  the   common   council  or  other  like  of  trustees 

authority   of   any   city,   may   combine   into   one  health 

district,    hereinafter    referred     to     as     a     consolidated  consoli- 
dated 
health   district,   any   two   or  more   of   such  towns,  vil-  health 

lages   or  cities   and  may  on   the   request   of  the  town 

board  of   any  town,  board  of   trustees   of  any  village 

or  common  council  or  other  like  authority  of  any  city 

at   any   time    thereafter    set   apart   such   town,   village 

or  city  as  a  separate  health  district.     In  any  consoli-  Board  of 

*  c  health   of 

dated  health  district  there  shall  be  a  board  of  health  consoii- 
which  shall  consist  of  the  supervisor  of  each  town,  ^^^ 
the  president  of  the  board  of  trustees  of  each  village, 
and  the  mayor  of  each  city  included  in  each  district, 
provided  that  if  the  number  of  members  so  provided 
for  is  an  even  number,  such  members  shall  within 
thirty  days  after  such  district  shall  have  been  estab- 
lished by  the  state  commissioner  of  health  choose 
an  additional  member  of  such  board  of  health  to  be 
known  as   the   elective   member.     An   elective  member  Elective 

n  j         member 

shall  serve  for  a  term  of  two  years  from  the  first  day 
of  January  preceding  his  election  and  until  his  suc- 
cessor shall  have  been  appointed,  provided  that  if  at 
any  time  the  number  of  members  of  the  board  of 
health,  excluding  the  elective  member,  shall  become  an 
odd  number,  the  term  of  office  of  the  elective  mem- 
ber  shall   thereupon   cease. 


26 


The  Public  Health  Manual 


President 

and 

secretary 


Health 
officer 


Audit 


The  board  of  health  of  a  consolidated  health  district 
shall  from  time  to  time  elect  a  president  from  among 
its  members.  The  health  officer  of  a  consolidated 
health  district  shall  serve  as  the  secretary  of  the  board 
of  health  thereof  without  additional  remuneration 
therefor. 

In  each  such  consolidated  health  district  the  board 
of  health  shall  appoint  a  health  officer.  Each  board 
of  health  and  each  health  officer  of  a  consolidated 
health  district  shall  have  all  the  rights,  powers,  duties 
and  obligations  conferred  and  imposed  by  law  upon 
boards  of  health  and  health  officers  respectively. 

When  any  consolidated  health  district  is  estab- 
lished, as  herein  provided,  the  boards  of  health  of  the 
towns,  villages  or  cities  included  within  such  district, 
shall  thereupon  cease  to  exist  as  boards  of  health,  and 
all  their  rights,  powers,  duties  and  obligations  shall 
thereupon  be  transferred  to  the  board  of  health  of 
such  district.  When  the  board  of  health  of  any  such 
consolidated  health  district  shall  have  appointed  a 
health  officer  therefor,  the  terms  of  office  of  the  health 
officers  of  the  towns,  villages  or  cities  included  in  such 
district  shall  cease,  and  all  their  rights,  powers,  duties 
and  obligations  shall  thereupon  be  transferred  to  and 
imposed  upon  the  health  officer  appointed  for  such  con- 
solidated health  district. 

The  board  of  health  of  any  such  consolidated  health 
district  shall  from  time  to  time  audit  all  accounts,  and 
allow  or  reject  all  charges,  claims  and  demands  against 
such  health  district  for  the  remuneration  and  expenses 
of  the  health  officer,  registrar  or  registrars,  and  for 
all  other  expenses  lawfully  incurred  by  said  board  of 
health  or  on  its  authority.  Unless  such  board  of 
health  of  such  consolidated  health  district  adopts  the 
estimate  system  of  payment  as  provided  by  this  sec- 
tion they  shall,  prior  to  the  annual  meeting  of  the 
board  of   supervisors  each  year,  make  an  abstract,  to 


Local  Boards  or  Health  27 

be  known  as  the  consolidated  health  district  abstract,  Consoii- 
of  the  names  of  all  persons  who  have  presented  to  them  health 
accounts  to  be  audited,  the  amounts  claimed  by  each  district 

"  abstract 

such  person  and  the  amounts  finally  audited  and  ap- 
proved by  them  respectively,  and,  if  such  district  be 
wholly  in  one  county,  shall  deliver  such  abstract  to  the 
clerk  of  the  board  of  supervisors.  If  such  consolida- 
ted health  district  be  located  in  more  than  one  county 
the  board  of  health  of  such  district  shall  divide  the 
total  amount  of  the  consolidated  health  district  ab- 
stract as  audited  and  approved  in  proportion  to  the 
assessed  valuation  of  the  real  and  personal  property  of 
the  towns,  villages  or  cities  of  such  consolidated  health 
district  located  in  each  county,  as  determined  by  the 
last  preceding  assessment-rolls  of  the  towns  or  cities 
wholly  or  partly  included  in  such  district,  and  shall 
deliver  a  certified  copy  of  such  abstract  to  the  board 
of  supervisors  of  each  such  county,  with  a  statement 
of  the  amount  due  from  the  real  and  personal  prop- 
erty of  each  town,  village  or  city  of  the  consolidated 
health  district  in  each  such  county  on  account  of  the 
expenses  of  such  board.  The  board  of  supervisors  of 
each  such  county  shall  levy  a  tax  upon  the  real  and 
personal  property  within  such  health  district  suffi- 
cient to  provide  for  the  sums  audited  and  approved  by 
the  board  of  health  thereof  and  chargeable  to  the  real 
and  personal  property  of  each  town,  village  or  city 
of  the  consolidated  health  district  in  each  such  county. 
Such  sums,  when  collected  and  paid  to  the  county 
treasurer  of  each  such  county  respectively,  shall  be 
paid  by  him  to  the  president  of  such  board  of  health 
and  shall  be  disbursed  by  him  in  accordance  with  the 
abstract  of  claims  audited  and  approved  by  such  board 
of  health,  as  hereinabove  provided. 

The  board  of  health  of  any  consolidated  health  dis-  Estimate 
trict  may  annually  make  an  estimate  of  the  expenses  expenses 
of    such    board    for    the    ensuing    calendar    year    and, 


28  The  Public  Health  Manual 

if  such  district  be  wholly  in  one  county,  shall 
deliver  a  certified  copy  of  such  estimate  to  the 
clerk  of  the  board  of  supervisors  of  such  county 
prior  to  the  annual  meeting  of  the  board  pre- 
ceding such  year.  If  such  consolidated  health  dis- 
trict be  located  in  more  than  one  county,  the  board 
of  health  of  such  district  shall  proportion  the 
total  amount  of  such  estimate  in  the  same  manner  as 
provided  by  this  section  for  proportioning  the  expenses 
of  such  a  district  when  audited  and  approved  by  the 
board,  and  shall  deliver  to  the  clerk  of  the  board  of 
supervisors  of  each  such  county  a  certified  statement 
of  the  total  estimate  and  the  amount  due  from  the 
real  and  personal  property  of  each  town,  village  or 
city  of  the  consolidated  health  district  in  each  such 
county  on  account  thereof.  The  board  of  supervisors 
of  each  such  county  shall  levy  a  tax  upon  the  real  and 
personal  property  within  such  health  district  sufficient 
to  provide  for  the  portion  of  the  amount  of  such  esti- 
mate chargeable  to  the  real  and  personal  property  of 
each  town,  village  or  city  of  the  consolidated  health 
district  in  each  such  county.  Such  sums,  when  col- 
lected and  paid  to  the  county  treasurer  of  each  county 
respectively  shall  be  paid  by  him  to  the  president  of 
such  board  of  health  and  shall  be  disbursed  by  the 
board  of  health  in  accordance  with  the  estimates. 
After  such  estimate  system  has  been  adopted  by  a 
consolidated  health  district,  the  board  of  health  thereof 
shall  deduct  froim  the  estimate  for  the  succeeding  cal- 
endar year  the  amount,  if  any,  remaining  in  the  hands 
of  such  board  after  all  of  the  liabilities  incurred  on 
account  of  the  preceding  estimate  have  been  paid, 
before  the  certified  statement  of  the  total  estimate  and 
the  amount  due  from  the  real  and  personal  property 
of  each  town,  village  or  city  of  the  consolidated  health 
district  in  each  such  county  is  certified  to  the  respective 
clerks  of  the  boards  of  supervisors  for  collection.    (Am'd 


Local  Boards  of  Health  29 

by  L.  1909,  ch.  105,  L.  1913,  ch.  559,  L.  1915,  chs.  124 
and  555,  L.  1916,.  ch.  3169,  and  L.  1918,  ch.  275,  in  effect 
April    19,    1918.) 

§  20-a.  Expenses  of  consolidated  health  district.  A  Expenses 
consolidated  health  district  may  adopt  the  estimate  go^0,^ 
system  as  provided  by  section  twenty  of  this  chapter,  health 
and,  as  provided  by  such  section,  may  make  and  file 
with  the  clerk  of  the  board  of  supervisors  of  the 
county,  or  if  such  district  be  located  in  more  than  one 
county,  with  the  clerk  of  the  board  of  supervisors  of 
each  such  county,  an  estimate  for  the  remainder  of  the 
current  year  and  for  the  ensuing  calendar  year,  and 
may  issue  a  certificate  of  indebtedness  upon  the  credit 
of  the  district  for  such  portion  of  such  estimate  as  may 
be  needed  to  pay  the  expenses  of  the  board  until  the 
tax  levied  on  account  of  such  assessment  shall  have 
been  collected  and  paid  to  the  board  as  provided  by 
section  twenty  of  this  chapter.  Such  tax  when  collected 
shall  be  applicable  in  the  first  instance  to  the  payment 
of  such  certificate.  (Added  by  L.  1917,  ch.  182,  in 
effect  April  16,  1917.) 

§  21.  General  powers  and  duties  of  local  boards  of  Local 
health.     Every   such  local  board  of  health  shall  meet  £°*[tdhS  of 
at  stated  intervals  to  be  fixed  by  it,  in  the  municipal- 
ity.    The  presiding  officer  of  every  such  board  may  call 
special  meetings  thereof  when  in  his  judgment  the  pro-  Meetings 
tection  of  the  public  health  of  the  municipality  requires 
it,  and  he  shall  call  such  meeting  upon  the  petition  of  at 
least  twenty-five  residents  thereof,  of  full  age,  setting 
forth  the  necessity  of  such  meeting.     Every  such  local 
board,  subject  to  the   provisions   of  the  public  health 
law  and  of  the  sanitary  code,  shall  prescribe  the  duties  Pr  scrIbe 
and  powers  of  the  local  health  officer,  who  shall  be  its  duties  of 
chief  executive  officer,  and  direct  him  in  the  perform-  officer 
ance  of  his  duties,  and  fix  his  compensation,  which  in  comp^sa. 
case  of  health  officers  of  cities,  towns  and  villages,  hav-  tion  of 
ing  a  population  of  eight  thousand  or  less,  shall  not  be  officer 


30 


The  Public  Health  Manual 


Expenses 
of  health 
officer  in 
attending 
confer- 
ence, etc. 


Extraor- 
dinary 
services, 
additional 
compensa- 
tion 


Publica- 
tion    of 
orders    and 
regula- 
tions 


less  than  the  equivalent  of  ten  cents  per  annum  per 
inhabitant  of  the  city,  town  or  village  according  to 
the  latest  federal  or  state  enumeration;  and  in  cities, 
towns  and  villages  having  a  population  of  more  than 
eight  thousand  shall  not  be  less  than  eight  hundred 
dollars  per  annum.  In  addition  to  his  compensation 
so  fixed,  the  board  of  health  must  allow  the  actual 
and  reasonable  expenses  of  said  health  officer  in  the 
performance  of  his  official  duties  and  in  going  to,  at- 
tending and  returning  from,  the  annual  sanitary  con- 
ference of  health  officers,  or  equivalent  meeting,  held 
yearly  within  the  state,  and  conferences  called  by  the", 
sanitary  supervisor  of  the  district,*  and  whenever  the 
services  rendered  by  its  health  officer  shall  include  the 
care  of  smallpox,  the  board  of  health  shall  allow,  or 
whenever  such  services  are  extraordinary,  by  reason  of 
infectious  diseases,  or  otherwise,  they  may  in  their  dis- 
cretion, allow  to  him  such  further  sum  in  addition  to 
said  fixed  compensation  as  shall  be  equal  to  the  charges 
for  consultation  services  in  the  locality,  audited  by 
the  town  board  of  a  town,  by  the  board  of  trustees 
of  a  village  or  by  the  proper  auditing  board  of  a  city 
of  the  third  class,  which  said  expenses  and  said  addi- 
tional compensation  shall  be  a  charge  upon  and  paid 
by  the  municipality  as  provided  in  section  thirty-five 
of  this  chapter.  Every  such  local  board  shall  make  and 
publish  from  time  to  time  all  such  orders  and  regula- 
tions, not  inconsistent  with  the  provisions  of  the  sani- 
tary code,  as  it  may  deem  necessary  and  proper  for 
the  preservation  of  life  and  health  and  the  execution 
and  enforcement  of  this  chapter  in  the  municipality. 
It  shall  make  without  publication  thereof,  sueh  orders 
and  regulations  for  th«  suppression  of  nuisances  and 
concerning  all  other  matters  in  its  judgment  detri- 
mental  to  the  public  health   in   special   or   individual 


*  See  §  4a,  subd.  4,  p.  14;  §  21b,  subd.  7,  p.  34 


Local   Boards   of   Health  31 

cases,    not    of    general    application,    and    serve    copies  service 

.of    orders 

thereof   upon  the   owner   or   occupant   of   any  premises 
whereon    such   nuisances    or    other    matters   may   exist, 
or  upon  which  may  exist  the  cause  of  other  nuisances  posting 
to  other  premises,   or   cause  the  same  to  be  conspicu-  of  orders 
ously   posted  thereon.     The  health   officer   may   employ  Health 
such   persons   as   shall   be   necessary   to   enable   him   to  officer 
carry    into    effect    the    orders    and    regulations    of    the  employ 
board  of  health  and  the  provisions  of  the  public  health  per 
law  and  of  the  sanitary  code,  and  fix  their  compensa- 
tion  within   the   limits   of   the   appropriation  therefor. 
The  board  of  health  may  issue   subpoenas,  compel  the 
attendance  of  witnesses,  administer  oaths  to  witnesses  Board 
and  compel  them  to  testify,  and  for  such  purposes  it  iSSUe 
shall  have  the  same  powers  as  a  justice  of  the  peace  s^^&s' 
of  the  state  in  a  civil  action  of  which  he  has  jurisdic-  attendance 

'  •  >.  of  wit- 

tion.     It  may  designate  by  resolution  one  of  its  mem-  nesses,   etc 
bers   to   sign   and   issue    such   subpoenas.      No   subpoena  . 

shall   be   served   outside   the   jurisdiction   of   the   board 
issuing  it,  and  no  witness  shall  be  interrogated  or  com- 
pelled to  testify  upon  matters  not  related  to  the  public 
health.      It   may    issue    warrants    to    any    constable    or  Board 
policeman  of  the  municipality  to  apprehend  and  remove  ™g^e 
such   persons   as   cannot  .otherwise  be   subjected  to   its  warrants 
orders  or  regulations,  and  a  warrant  to  the  sheriff  of 
the  county  to  bring  to  its  aid  the  power  of  the  county 
whenever  it  shall  be  necessary  to  do  so.     Every  war- 
rant shall  be  forthwith  executed  by  the  officer  to  whom 
directed,  who  shall  have  the  same  powers  and  be  subject 
to  the  same  duties  in  the  execution  thereof,  as  if  it  had 
been  duly  issued  out  of  a  court  of  record  of  the  state.  Board 
Every  such  local  board  may  prescribe  and  impose  pen-  may 

■*  •*     r  prescribe 

alties  for  the  violation   of  or   failure  to   comply  with  penalties 
any  of  its  orders  or  regulations,  not  exceeding  one  hun-  Maintain 
dred   dollars    for    a   single   violation   or   failure,   to   be  actions 
sued  for  and  recovered  by  it  in  the  name  and  for  the 
benefit  of  the  municipality;  and  may  maintain  actions 


32 


The  Public  Health  Manual 


Powers 

and 

duties    of 

local 

board 

as    to 

sewers 


Recom- 
menda- 
tions   to 
commis- 
sioner   of 
health 
and 

approval 
by  him 


Expenses 


in  any  court  of  competent  jurisdiction  to  restrain  by 
injunction  such  violations,  or  otherwise  to  enforce  such 
orders  and  regulations.  (Am'd  L.  1909,  ch.  480,  and 
L.  1913,  ch.  559.) 

§  21 -a.  Powers  and  duties  as  to  sewers.  Whenever 
such  local  board  of  health  in  any  incorporated  village 
shall  deem  the  sewers  of  such  village  insufficient  to 
properly  and  safely  sewer  such  village,  and  protect  the 
public  health,  it  shall  certify  such  fact  in  writing, 
stating  and  recommending  what  additions  or  altera- 
tions should  in  the  judgment  of  such  board  of  health 
be  made,  with  its  reasons  therefor,  to  the  state  com- 
missioner of  health  for  his  approval,  and  if  such  recom- 
mendations shall  be  approved  by  the  state  commis- 
sioner of  health,  it  shall  be  the  duty  of  the  board  of 
trustees  or  other  board  of  such  village  having  juris- 
diction of.  the  construction  of  sewers  therein,  if  there 
be  such  a  board,  whether  sufficient  funds  shall  be  on 
hand  for  such  purpose  or  not,  to  forthwith  make  such 
additions  to  or  alterations  in  the  sewers  of  such  village 
and  execute  such  recommendations,  and  the  expenses 
thereof  shall  be  paid  for  wholly  by  said  village  in  the 
same  manner  as  other  village  expenses  are  paid  or  by 
an  assessment  of  the  whole  amount  against  the  prop- 
erty benefited,  or  partly  by  the  village  and  partly  by 
an  assessment  against  the  property  benefited, '  as  the 
board  of  trustees  of  such  village  shall  by  resolution 
determine.  If  the  board  of  trustees  shall  determine 
that  such  expenses  shall  be  paid  partly  by  the  village 
and  partly  by  an  assessment  against  the  property  bene- 
fited, as  authorized  by  this  section,  it  shall  in  the  reso- 
lution making  such  determination  fix  the  proportion 
of  such  expense  to  be  borne  by  each,  and  the  propor- 
tion thereof  to  be  raised  by  an  assessment  against  the 
property  benefited  shall  be  assessed  and  collected  in  the 
manner  provided  by  the  village  law  for  the  assessment 
and   collection    of   sewer   assessments.      Said   village    is 


Local   Boards   of  Health  33 

hereby  authorized  to  raise  such  sum  as  may  be  neces- 
sary for  the  payment  of  the  expenses  incurred,  which 
are  a  village  charge,  if  any,  as  herein  provided,  in  addi- 
tion to  the  amount  such  village  is  now  authorized  to 
raise  by  law  for  corporation  purposes,  and  such  board 
shall  have  the  right  to  acquire  such  lands,  rights  of 
way,  or  other  easements,  by  gift,  or  purchase,  or  in  case 
the  same  cannot  be  acquired  by  purchase  may  acquire 
the  same  by  condemnation  in  the  manner  provided  by 
law.  (Added  by  L.  1913,  ch.  559,  in  effect  May  16, 
1913.) 

§  21-b.  General  powers  and  duties  of  health  officers.  General 
Health   officers    of   towns    and   villages,   in   addition   to  and 
such   other   duties    as   may   be    lawfully    imposed   upon  ^llth  °f 
them  and  subject  to  the  provisions  of  the  public  health  officers 
law  and  the  sanitary  code,  shall  perform  the  following 

dutieS:  Sanitary 

1.  Make  an  annual  sanitary  survey  and  maintain  a  survey 
continuous     sanitary     supervision     over     the     territory 
within  their  jurisdiction. 

2.  Make  a  medical  examination  of  every  school  child 
as  soon  as  practicable  after  the  opening  of  each  school 
year,  except  in  those  schools  in  which  the  authorities 
thereof  make  other  provision  for  the  medical  examina- 
tion of  the  pupils.  (Superseded  in  effect  by  Art.  20-a 
of  Education  Law,  added  by  L.  1913,  ch.  627,  in  effect 
Aug.   1,   1913.) 

3.  Make    a    sanitary    inspection    periodically    of    all  ^^hooT 
school  buildings  and  places   of  public  assemblage,   and  buildings 
report  thereon  to  those  responsible  for  the  maintenance  places  of 
of   such   school   buildings   and   places    of   public   assem-  assem- 
blage. blage 

4.  Promote    the    spread    of    information    as    to    the  *nforma- 

r  tion  as 

causes,    nature    and    prevention    of    prevalent    diseases,  to  diseases, 
and  the  preservation  and  improvement  of  health.  preserva- 

5.  Take   such    steps   as    may   be   necessary   to    secure  jjeTith0* 


34 


The  Public  Health  Manual 


Prompt 

reports  and 
registra- 
tion by 
physicians 

Enforce 
law   and 
sanitary 
code 

Attend 
confer- 
ences 


Reports 
of   health 
officers, 
inspectors 
nurses,    etc. 
presump- 
tive   evi- 
dence 


Exempt 

from 

personal 

liability 


Health 
officials 
not    to 

be  sued 


Action 
against 
municipal- 
ity   for 
recovery 
of  damages 


prompt  and  full  reports  by  physicians  of  communicable 
diseases,  and  prompt  and  full  registration  of  births  and 
deaths. 

6.  Enforce  within  their  jurisdiction  the  provisions  of 
the  public  health  law  and  the  sanitary  code. 

7.  Attend  the  annual  conferences  of  sanitary  officers 
called  by  the  state  department  of  health,  and  local  con- 
ferences within  his  sanitary  district,  to  which  he  may 
be  summoned  by  the  sanitary  supervisor  thereof.* 

The  written  reports  of  public  health  officers,  inspect- 
ors, nurses  and  other  representatives  of  public  health 
officers  on  questions  of  fact  under  the  public  health 
law  or  under  the  sanitary  code  or  any  local  health  regu- 
lation shall  be  presumptive  evidence  of  the  facts  so 
stated,  and  shall  be  received  as  such  in  all  courts  and 
places.  The  persons  making  such  reports  shall  be 
exempt  from  personal  liability  for  the  statements 
therein  made,  if  they  have  acted  in  good  faith. 

No  health  officer,  inspector,  public  health  nurse,  or 
other  representative  of  a  public  health  officer,  and  no 
person  or  persons  other  than  the  city,  village  or  town 
by  which  such  health  officer  or  representative  thereof 
is  employed  shall  be  sued  or  held  to  liability  for  any 
act  done  or  omitted  by  any  such  health  officer  or  repre- 
sentative of  a  health  officer  in  good  faith  and  with 
ordinary  discretion  on  behalf  or  under  the  direction  of 
such  city,  village  or  town  or  pursuant  to  its 
regulations  or  ordinances,  or  the  sanitary  code,  or 
the  public  health  law.  Any  person  whose  property 
may  have  been  unjustly  or  illegally  destroyed  or  in- 
jured pursuant  to  any  order,  regulation  or  ordinance, 
or  action  of  any  board  of  health  or  health  officer,  or 
representative  of  a  health  officer,  for  which  no  personal 
liability  may  exist  as  aforesaid,  may  maintain  a  proper 
action  against  the  city,  village  or  town  for  the  recovery 


*  Pee  §  21,  p.  30,  and  §  4a,  subd.  4,  p.  14 


Local  Boards    of  Health  35 

of  proper  compensation  or  damages.  Every  such  suit 
must  be  brought  within  six  months  after  the  cause  of 
action  arose  and  the  recovery  shall  be  limited  to  the 
damages  suffered.  (Added  by  L.  1913,  ch.  559,  in  effect 
May  10,  1913.) 

§  21-c.  Public  health  nurses.     Each  health  officer  or  Health 
other  official  exercising  similar  duties,  by  whatever  offi-  ^y6r 
cial  designation  he  may  be  known,  shall  have  power  to  employ 
employ  such  number  of  public  health  nurses  as  in  his  health 
judgment   may   be  necessary   within  the   limits   of   the  nurses 
appropriation  made  therefor  by  the  city,  town  or  vil- 
lage.     They    shall    work    under    the    direction    of    the  Nurses 
health  officer  and  may  be  assigned  by  him  to  the  reduc-  ^°^T 
tion  of  infant  mortality,  the  examination  or  visitation  direction 
of  school  children  or  children  excluded  from  school,  the  officer 
discovery    or    visitation    of    cases    of    tuberculosis,    the 
visitation  of  the  sick  who  may  be  unable  otherwise  to  Duties 
secure    adequate    care,    the    instruction    of   members    of 
households  in  which  there  is  a  sick  person,  or  to  such 
other  duties  as  may  seem  to  him  appropriate.     (Added 
by  L.  1913,  ch.  559,  in  effect  May  16,  1913.) 

§  22.  Lake   George   health   district.    All  the  territory  Lake 
of  Lake  George  and  its  water- shed  within  the  town  of  j^0^6 
Queensbury,  Warren   county;    the  towns   of   Fort  Ann,  district 
Dresden  and  Putnam,  Washington  county,  and  the  town 
of  Ticonderoga,  Essex  county,  south  of  the  "  Narrows  " 
or  original  outlet  of  Lake  George;   and  the  entire  ter- 
ritory of  the  towns  of  Hague,  Bolton  and  Caldwell  and 
the  village  of  Lake  George,  Warren  county;  shall  here- 
after not  be  deemed  to  be  the  whole  or  a  part  of  any 
present   local   health   district   but   shall   be   a   separate 
health  district  to  be  known  as  the  Lake  George  health 
district.     Within  thirty  days  after  the  passage  of  this  Member- 
act  the  supervisor  of  each  of  such  towns  and  the  presi-  board 
dent   of  such  village   shall  meet  and  elect   a  board  of 
health  of  three  members  for  such  Lake  George  health 
district.     Of  the  board  of  health  first  elected  one  mem- 


36 


The  Public  Health  Maxual 


Terms 

of 

members 


Rights, 
powers 
and 

duties  of 
board 

Expenses 

of 

district 


Registra- 
tion 

districts 
not 
changed 


Interments 
in  ceme- 
teries, 
third 
class 
cities 


her  shall  be  elected  to  serve  until  January  first,  nine- 
teen hundred  and  nineteen,  one  until  January  first, 
nineteen  hundred  and  twenty,  and  one  until  January 
first,  nineteen  hundred  and  twenty-one.  Prior  to 
December  thirty-first  each  year  such  supervisors  and 
village  president  shall  meet  and  elect  one  member  of 
the  board  of  health  who  shall  serve  three  years  from 
the  January  first  following  or  until  his  successor  has 
been  elected  and  has  qualified.  When  the  duly  elected 
members  of  the  board  of  health  of  such  district  have 
qualified  such  board  of  health  shall  have  all  the  rights, 
powers  and  duties  in  such  district  as  are  conferred  or 
imposed  upon  the  board  of  health  of  any  consolidated 
health  district ;  and  the  expenses  of  such  district  shall 
be  defrayed  in  the  manner  set  forth  in  section  twenty 
of  the  public  health  law  in  its  relation  to  consolidated 
health  districts;  or  under  the  provision  of  section 
twenty-a  of  the  public  health  law. 

This  act  shall  not  change  the  present  districts  for 
the  registration  of  vital  statistics  nor  the  appointment, 
authority  nor  term  of  office  of  any  of  the  registrars  of 
vital  statistics  in  any  present  district  nor  shall  it 
change  the  administration  of  the  health  laws  in  the 
remainder  of  the  towns  of  Queensbury,  Warren  county; 
Fort  Ann,  Dresden  and  Putnam,  Washington  county; 
and  Ticonderoga,  Essex  county.  (Added  by  L.  19 IS, 
ch.  174,  in  effect  April  10,  1918.) 

§  23.  Burial  and  burial  permits.  Repealed.  (See  new 
Vital  Statistics  Law,  article  xx*  herein.) 

§  24.  Regulating  interments  in  cemeteries.  When- 
ever the  common  council  of  any  city  of  the  third  class 
shall  deem  that  further  interments  in  any  cemetery  in 
such  city  would  be  detrimental  to  the  public  health,  it 
may  by  resolution  direct  its  clerk  to  cause  a  notice  to 
be  served  upon  the  person  or  corporation  owning  or  con- 


*  This  reference  relates  to  second  article  xx 


Local   Boards   of   Health  37 

trolling  such  cemetery  and  published  once  in  a  week 
for  three  successive  weeks  in  two  papers  published  in 
such  city,  stating  a  time  and  place  not  less  than  thirty 
days  after  service  and  first  publication  of  such  notice, 
at  which  any  person  interested  may  show  cause  to  the 
common  council  why  further  interments  in  such  ceme- 
tery should  not  be  prohibited.  At  the  time  and  place 
specified  in  such  notice  the  common  council  shall  hear  Hearing 
all  persons  desiring  to  be  heard,  and  if  upon  such  hear-  common 
ing  it  appears  that  further  interments  in  such  cemetery  council 
will  be  detrimental  to  public  health,  the  common 
council  may  by  resolution  prohibit  further  interments 
therein.  If  such  resolution  is  adopted  a  certified  copy 
thereof  shall  be  filed  by  the  clerk  of  the  common  council 
with  the  board  of  health  of  such  city,  and  thereafter 
such  board  shall  not  issue  any  permits  for  interments 
in  such  cemetery.  The  action  of  the  common  council 
in  passing  such  resolution,  may  be  reviewed  within  thirty 
days  thereafter  by  writ  of  certiorari  as  provided  by  the 
code  of  civil  procedure. 

§  25.  Infectious  and  contagious  or  communicable  dis- 
eases.    Every   local   board   of  health   and   every  health  k°ca] 

*■  u  board 

officer  shall  guard  against  the  introduction  of  such  to  guard 
infectious  and  contagious  or  communicable  diseases  as  fnt^duc- 
are  designated  in  the  sanitary  code,*  bv  the  exercise  of  tion  of 

.  communi- 

proper  and  vigilant  medical  inspection  and  control  of  cable 
all  persons  and  things  infected  with  or  exposed  to  such  dlseases 
diseases,  and  provide  suitable  places  for  the  treatment 
and  care  of  sick  persons  who  cannot  otherwise  be  pro- 
vided for.     They  may,  subject  to  the  provisions  of  the 
sanitary  code,  prohibit  and  prevent  all  intercourse  and 
communication  with  or  use  of  infected  premises,  places  Board 
and  things,  and  require,  and  if  necessary,  provide  the  establish 
means   for  the  thorough  purification   and  cleansing   of  quarantine 
the  same  before  general  intercourse  with  the  same  or 


Sanitary  Code,  Chap.  II,  Reg.  1,  p.  304 


3S 


The  Public  Health  Manual 


Physicians 
to    report 
to  health 
officer 


House- 
holder,   etc. 
to   report 


Report  to 
health 
officer 
of    result 
of  exami- 
nations,   in 
case   of 
communi- 
cable 
disease 

Record     of 
examina- 
tions 


Fee    for 
reporting 
communi- 
cable 
disease 
to  health 
officer 

Report  by 
health 
officer     to 
to    depart- 
ment 


use   thereof   shall  be  allowed.*     Every  physician   shall 
immediately  give  notice  of  every  case  of  infectious  and 
contagious    or    communicable    disease    required   by    the 
state  department  of  health  to  be  reported  to  it,f  to  the 
health  officer  of  the  city,  town  or  village  where  such 
disease  occurs,  and  no  physician  being  in  attendance  on 
such  case,  it  shall  be  the  duty  of  the  superintendent  or 
other    officer    of    an    institution,    householder,    hotel    or 
lodging  house  keeper,  or  other  person  where  such  case 
occurs,  to  give  such  notice.!    Whenever  an  examination 
for  diagnosis  by  a  laboratory  or  by  any  person  other 
than  the  physician  in  charge  of  the  person  from  whom 
the   specimen  is   taken,   of  any   specimen  discloses  the 
existence  of  a  case  of  infectious  and  contagious  or  com- 
municable disease,  the  person  in  charge  of  such  labora- 
tory or  the  person  making  such  examination  shall  im- 
mediately report  the  same,  together  with  all  the  facts 
in  connection  therewith,  to  the  health  officer  of  the  city, 
town  or  village  where  such  laboratory  is  situated  and 
also  to  the  health  officer  of  the  city,  town  or  village  from 
which  such  specimen  came  and  shall  keep  a  permanent 
record  of  all  the  facts  in  connection  with  such  exami- 
nation, including  the  identity  of  the  person  from  whom 
the  specimen  is  taken  and  the  name  of  the  physician,  if 
any,  sending  such  specimen.     The  physician  or  other  per- 
son giving  such  notice  shall  be  entitled  to  the  sum  of 
twenty-five  cents  therefor,  which  shall  be  a  charge  upon 
and  paid  by  the  municipality  where  such  case  occurs. 
Every  local  health  officer  shall  report  to  the  state  de- 
partment of  health,  promptly,  all  cases  of  such  infec- 
tious and  contagious  or  communicable  diseases,  as  may 
be  required  by  the  state  department  of  health,  and  for 
such  reporting  the  health  officer  of  a  village  or  town 


*  Sanitary  Code,  Chap.  II,  Reg.  46-48,  p.  328,  and  Public  Health 
Law,  §  324,  p.  216 

t  Sanitarv  Code,  Chap.  II,  Reg.  2,  p.  305 

t  See  Sanitary  Code,  Chap.  II,  Reg.  3-7,  p.  307 


Local   Boards   of   Health  39 

skall  be  paid  by  the  municipality  employing  him,  upon  Fee   for 
the   certification   of   the   state   department   of  health,   a  communi- 
sum   not   to  exceed   twenty   cents   for   each   case   so   re-  ^,able 

->  disease 

ported.     The  reports  of  cases  of  tuberculosis  made  pur-  t0    depart- 

suant   to   the   provisions    of    this    section   shall   not   be  Tuberei,_ 

divulged  or  made  public  so  as  to  disclose  the  identity  losis   re- 
ports   con- 
oi   the   persons   to  whom  they  relate,  by   any   person;  fidentiai 

except   in   so   far   as  may  be  authorized  by  the  public 
health  council.^:     The   board  of  health  shall  provide  at  Board  to 
stated    intervals,    a    suitable    supply    of    vaccine   virus,  ^ccine 
of  a  quality  and  from  a  source  approved  by  the  state  virus 
department  of   health,   and  during  an  actual  epidemic 
of  smallpox  obtain  fresh  supplies  of  such  virus  at  inter- 
vals not  exceeding  one  week,  and  at  all  times  provide 
thorough  and  safe  vaccination  for  all  persons  in  need  of  Board   to 
the  same.§     If   a  pestilential,  infectious  or  contagious  vaccination 
disease  exists  in  any  county  almshouse  or  its  vicinity, 
and  the  physician  thereof  shall  certify  that  such  disease 
is    likely   to   endanger   the  health    of    its    inmates,   the 
county  superintendent  of  the  poor  may  cause  such  in- 
mates or  any  of  them  to  be  removed  to  such  other  suit-  Removal   of 

.    .  inmates      of 

able  place  m  the  county  as  the  local  board  of  health  of  almshouse, 

the  municipalifty  where  the  almshouse  is  situated  may  epidemic  ° 

designate,  there  to  be  maintained  and  provided  for  at 

the  expense  of  the  county,  with  all  necessary  medical 

care  and  attendance  until  they  shall  be  safely  returned 

to  such  almshouse  or  otherwise  discharged.     The  health 

officer,  commissioner  of  health,  or  boards  of  health  of 

the  cities   of  the  first   class   shall   report  promptly  to 

the  state  department  of  health  all  cases  of  smallpox,  cities   of 

first     p^ss^ 

typhus  and  yellow  fever  and  cholera  and  the  facts  to  report 
relating  thereto.  (Am'd  by  Li.  1913,  ch.  559,  and  L.  ^Jg*" 
1918,  ch.  177,  in  effect  April  10,  1918.)  yellow' 

fever    and 


cholera 


%  See  Sanitary  Code,  Chap.  VII,  Reg.  8,  p.  358,  and  Reg.  14,  p.  360 
§  See  §  310,  p.  199,  and  Sanitary  Code,  Chap.  II,  Reg.  31,  p.  319 


40  The  Public  Health  Manual 

Nuisances  §  26.  Nuisances.f  Every  such  board  shall  receive  and 

examine  into  all  complaints  made  by  any  inhabitant 
concerning  nuisances,  or  causes  of  danger  or  injury  to 

Right  of      iife  and  health  within  the  municipality,  and  may  enter 

entrance  r  J '  J 

upon  or  within  any  place  or  premises  where  nuisances 
or  conditions  dangerous  to  life  and  health  or  which  are 
the  cause  of  nuisances  existing  elsewhere  are  known  or 
believed  to  exist,  and  by  its  members  or  other  persons 
designated  for  that  purpose,   inspect   and  examine  the 
same.     The  owners,  agents  and  occupants  of  any  such 
premises  shall  permit  such  sanitary  examinations  to  be 
made,  and  the  board  shall  furnish  such  owners,  agents 
and  occupants  with  a  written  statement  of  the  results 
Board   to      and  conclusions  of  any  such  examination.     Every  such 
pressionUPor  local  board  shall  order  the  suppression  and  removal  of 
removal         au    nuisances    and    conditions    detrimental    to    life    and 
health  found  to  exist  within  the  municipality.     When- 
ever the  state  department-  of  health  shall  by  notice  to 
Board  to       the  presiding  officer  of  any  local  board  of  health,  direct 

be    con_ 

vened  upon  him  to  convene  such  local  board  to  take  certain  definite 
notice  from  proceedings  concerning  which  the  state  department  of 
ment,  to  health  shall  be  satisfied  that  the  action  recommended 
definite  DV  them  is  necessary  for  the  public  good,  and  is  within 

proceedings  ^he  jurisdiction  of  such  board  of  health,  such  presiding 
officer  shall  convene  such  local  board,  which  shall  take 
the  action  directed. 
Mosquito  §  2^-  Owner  to  bear  all  or  part  of  expense  of  removal 

breeding  of  waters  wherein  mosquito  larvae  breed.J  Whenever 
the  local  board  of  health  of  a  municipality  shall  deter- 
mine that  any  accumulation  of  water  wherein  mosquito 
larvae  breed,  constitutes  a  nuisance  or  a  danger  or  in- 
jury to  life  or  health,  the  owner  or  owners  of  the  prem- 
ises on  which  the  breeding  place  is  located  shall  bear 


tSee  Sanitary  Code,  Chap.  VI,  p.  353;  Penal  Law,  §§  1530,  1531, 
p.  518;  Public  Health  Law,  §  6,  p.  17;  §  31,  p.  44;  §  32,  p.  45 

J  Extermination  of  mosquitoes  in  Suffolk  county,  L.  1916,  Chap, 
246,  p.  507;  county  mosquito  extermination  commission,  Public  Health 
Law,  §§  400-418,  pp.  271-279 


Local   Boards   of   Health  41 

the  expense  of  its  suppression  or  removal,  or  so  much 
thereof  as  the  local  board  may  have  determined  to  be 
equitable  as  hereinafter  provided,  and  for  the  amount 
thereof  an  action  may  be  maintained  in  the  name  of 
the  municipality  and  the  same  shall  become  a  first  lien 
on  the  premises  as  provided  by  sections  thirty-one  and 
thirty-two  of  this  article.  (Am'd  by  L.  1913,  ch.  559, 
in  effect  May  16,  1913.) 

§  28.  Assessing  cost  on  property  benefited.  If  such 
local  board  shall  determine,  in  its  discretion,  that,  owing 
to  the  natural  conditions  which  are  favorable  to  the 
breeding  of  mosquitoes  and  owing  to  the  benefits  to  be 
secured  -to  the  public  by  the  -suppression  of  such  condi- 
tions, some  part  or  all  of  the  expense  of  suppressing  or 
removing  a  breeding  place  for  mosquitoes  should,  in 
equity,  be  borne  by  the  owners  of  the  property  which 
will  be  benefited  by  such  suppression  or  removal,  the 
local  board  shall  make  application  as  hereinafter  pro- 
vided, for  the  appointment  of  three  commissioners,  and  Appoint- 
the  county  court  of  the  county  in  which  are  situated  the  commission 
premises  whereon  the  breeding  place  is  located,  or  in 
case  such  premises  are  situated  in  more  than  one  county, 
the  supreme  court,  shall  thereupon  appoint  three  persons 
as  commissioners  to  proceed  with  the  work  necessary 
for  the  suppression  or  removal  of  such  breeding  place, 
and  to  apportion,  assess  and  collect  the  cost  thereof,  as 
so  determined  from  the  owners  of  such  property  bene- 
fited. Such  appointment,  apportionment,  assessment  Expenses 
and  collection  shall  be  made  in  the  manner  provided 
for  the  appointment  of  commissioners  to  suppress  and 
remove  any  such  breeding  place  by  draining  the  prem- 
ises on  which  such  breeding  place  is  located  by  means 
of  ditches  and  channels  constructed  over  lands  belong- 
ing to  others  and  the  owners  of  the  premises  to  be 
drained  and  to  apportion,  assess  and  collect  the  cost 
thereof  from  the  owners  of  the  property  benefited 
thereby.     In   any   case  where,  under  the  provisions  of 


42 


The  Public  Health  Manual 


Munici- 
pality may 
bear   part 
of    expense 


Board 
remove 
breeding 
place 


this  article  commissioners  are  to  determine  what  prop- 
erty is  benefited  and  to  what  extent  said  property 
is  benefited  by  the  suppression  or  removal  of  any 
such  breeding  place,  such  commissioners  shall  'not 
be  restricted  in  their  determination  to  property 
immediately  adjoining  the  premises  whereon  such 
breeding  place  is  located ;  and,  in  apportioning  the  bene- 
fit to  any  property,  such  commissioners  may  consider 
any  circumstances  by  reason  whereof  any  property  will 
be  benefited  by  the  suppression  and  removal  of  such 
breeding  place. 

§  29.  Municipality  may  bear  part  of  expense.  If  such 
local  board  shall  have  .  determined  that,  owing  to  the 
natural  conditions  which  are  favorable  to  the  breeding 
of  mosquitoes  and  owing  to  the  benefit  to  be  secured  to 
the  public  by  the  suppression  of  such  conditions,  a  part 
of  the  expense  of  such  suppression  or  removal  shall  be 
borne  by  the  owner  of  such  premises  and  a  part  thereof 
by  the  municipality  wherein  the  premises  are  situated, 
such  owner  or  occupant  may  proceed  to  suppress  or  re- 
move such  breeding  place  and  shall  be  reimbursed  by  the 
municipality  for  such  proportion  of  the  reasonable  ex- 
pense of  such  suppression  or  removal  as  the  local' board 
shall  have  determined  should  be  borne  by  the  municipal- 
ity. For  the  purpose  of  ascertaining  the  actual  cost  of 
such  suppression  or  removal,  the  local  board  or  its  duly 
authorized  agents  may  at  all  times  have  access  to  the 
premises  whereon  the  work  is  being  carried  on;  and  the 
owner  of  the  premises  shall  furnish  to  such  local  board 
such  information  as  such  local  board  may  deem  neces- 
sary or  desirable  for  the  purpose  of  ascertaining  such 
may  actual  cost.  If  in  any  such  case  the  owner  of  the  prem- 
ises shall  not,  within  a  reasonable  time,  proceed  to  sup- 
press or  remove  such  breeding  place,  the  local  board 
may  proceed  to  suppress  and  remove  the  same,  and  for 
such  proportion  of  the  expense  of  such  suppression  and 
removal  as  the  local  board  shall  have  determined  to  be 


Local   Boards   of   Health  43 

equitable,  an  action  may  be  maintained  against  such 
owner,  and  the  same  shall  become  a  first  lien  upon  the 
premises  as  above  provided. 

§  30.  Assessing  expense  upon  property  benefited.  If 
such  local  board  shall  deem  it  necessary,  in  order  to 
suppress  or  remove  any  such  breeding  place,  that  any 
swamp,  bog,  meadow  or  other  low  or  wet  lands  within 
the  municipality  over  which  said  board  has  jurisdiction, 
shall  be  drained  and  that  it  is  necessary,  in  order 
thereto,  that  a  ditch  or  ditches  or  other  channel  for  the 
free  passage  of  water  should  be  opened  through  lands 
belonging  to  a  person  or  persons  other  than  the  owners 
of  said  swamp,  bog,  meadow'  or  other  low  or  wet  lands, 
or  that  any  other  act  or  thing  be  done  upon  or  over  land 
belonging  to  others  than  the  owners  of  the  lands 
whereon  such  breeding  place  shall  be  located,  such  board 

shall    make    application   for    the   appointment   of   three  Appoint- 

-i  i  i  i       i         ment   of- 

commissioners    to    construct    and    complete    such    cnan-  commission 

nels  and  ditches  for  the  free  passage  of  water,  or  to 
do  such  other  act  or  thing  as  such  local  board  shall 
have  determined  to  be  necessary  upon  such  lands  in 
order  to  suppress  or  remove  such  breeding  place, 
and  to  apportion,  assess  and  collect  the  amount  of 
the  cost  thereof  from  the  owners  of  the  lands  which 
will  be  benefited  by  the  suppression  and  removal  of 
such  breeding  place.  Such  commissioners  shall  be  ap- 
pointed, and  shall  proceed,  when  appointed,  to  construct 
and  complete  such  channels  and  ditches,  or  do  such 
other  act  or  thing  as  may  be  necessary,  and  to  appor- 
tion, assess  and  collect  the  cost  of  the  same  from  the 
owners  of  the  lands  benefited  by  such  suppression  or 
removal,  in  the  manner  provided  for  the  appointment 
of  commissioners  for  the  drainage  of  any  swamp,  bog, 
meadow  or  other  low  or  wet  land  and  the  apportion- 
ment, assessment  and  collection  of  the  cost  of  such  Expenses 
drainage,  by  the  drainage  law,  and  this  article  shall  be 
construed   with   the    provisions    of    such    drainage   law. 


44  The  Public  Health  Manual 

In  case  of  conflict  the  provisions  of  this  article  shall 
be  substituted  for  the  provisions  of  such  drainage  law, 
but  such  parts  of  the  provisions  of  the  drainage  law 
as  are  not  necessarily  superseded  shall  apply. 

§  31.  Removal  of  nuisances."*     If  the  owner  or  occu- 
pant of  any  premises  whereon  any  nuisance  or   condi- 
tion   deemed    to    be    detrimental    to    the    public    health 
exists  or  the  cause  of  the  existence  elsewhere,  fails  to 
comply  with  any  order  or  regulation  of  any  such  local 
Board    may  board   for   the    suppression   and    removal    of   any    such 
premises       nuisance  or  other  matter,  in  the  judgment  of  the  board 
and  sup-      detrimental  to  the  public  health,  made,  served  or  posted 

press 

nuisance  as  required  in  this  article,  such  board  or  their  servants 
or  employees  may  enter  upon  the  premises  to  which 
such  order  or  regulation  relates,  and  suppress  or  re- 
Expense  move  such  nuisance  or  other  matter.  The  expense  of 
such  suppression  or  removal  shall  be  paid  by  the  owner 
or  occupant  of  such  premises,  or  by  the  person  who 
caused  or  maintained  such  nuisance  or  other  matters, 
and  the  board  may  maintain  an  action  in  the  name  of 
the  municipality  to  recover  such  expense,  and  the  same 
when  recovered  shall  be  paid  to  the  treasurer  of  the 
municipality,  or  if  it  has  no  treasurer  to  its  chief 
fiscal  officer,  to  be  held  and  used  as  the  funds  of  the 
municipality.  Whenever  the  suppression  or  removal 
of  such  nuisance  or  conditions  detrimental  to  health 
demand  the  immediate  expenditure  of  money,  every 
such  local  board  of  health  shall  be  authorized  to  use 
Board    may  for  such  purpose  any  money  in  the  hands  of  the  board. 

advance  .  .  .-,,. 

money    for   or  may  call  on  the  city  council  for  such  money  or  it 
si'on-^of        may  borrow  the  same  on  the  credit  of  the  municipality. 
nuisance        All  such  moneys  so  expended  or  borrowed  shall  be  im- 
mediately  repaid   to   the   fund   or   source  whence   they 
were  received  on  the  recovery  of  the  same  by  action  or 
otherwise  from  the  persons  responsible  for  the  expenses 


*  Public  Health  Law,  §  6,  p.  17,  §  26,  p.  40,  §  32,  p.  45;  Sanitary 
Code,  Chap.  VI,  p.  353;  Penal  Law,  §§  1530,  1531,  p.  518 


Local   Boards   of   Health  45 

of  suppression  or  removal.      (Am'd  L.  1913,  ch.  559,  in 
effect  May   16,   1913.) 

§  32.  Expense  of  abatement  of  nuisances  a  lien  upon  Expense  of 
the  premises.*  If  execution  upon  a  judgment  for  the  of  auj- 
recovery  of  the  expense  of  the  suppression  or  removal  sances  a 
of  a  nuisance  or  other  matter,  pursuant  to  an  order  or  upon  the 
regulation  of  any  such  local  board,  is  returned  wholly  Premises 
or  in  part  unsatisfied,  such  judgment,  if  docketed  in 
the  place  and  manner  required  by  law  to  make  a  judg- 
ment of  a  court  of  record  a  lien  upon  real  property, 
shall  be  a  first  lien  upon  such  premises,  having  prefer- 
ence over  all  other  liens  and  incumbrances  whatever. 
The  board  may  cause  such  premises  to  be  sold  for  a 
term  of  time  for  the  payment  and  satisfaction  of  such 
lien  and  the  expenses  of  the  sale.  Notice  of  such  sale 
shall  be  published  for  twelve  weeks  successively,  at 
least  once  in  each  week,  in  a  newspaper  of  the  city, 
village  or  town,  or  if  no  newspaper  is  published  therein, 
in  the  newspaper  published  nearest  to  such  premises.  If 
the  owner  or  occupant  of  the  premises,  or  his  agent,  is 
known,  a  copy  of  such  notice  shall  be  served  upon  him, 
either  personally,  at  least  fourteen  days  previous  to  the 
sale,  or  by  mail  at  least  twenty-eight  days  prior  thereto. 
The  premises  shall  be  sold  to  the  person  offering  to  take 
them  for  the  shortest  time,  paying  the  amount  unpaid 
on  such  judgment  and  interest  and  the  expenses  of  such 
notice  and  sale.  A  certificate  of  the  sale,  signed  and 
acknowledged  by  the  president  and  secretary  of  the 
board,  shall  be  made  and  delivered  to  the  purchaser, 
and  may  be  recorded  as  a  conveyance  of  real  property, 
and  the  purchaser  shall  thereupon  be  entitled  to  the 
immediate  possession  of  such  premises,  and,  if  occupied, 
may  maintain  an  action  or  proceeding  to  recover  the 
possession  thereof  against  the  occupant,  as  against  a 
tenant  of  real  property  holding  over  after  the  expira- 

*  Public  Health  Law,  §  6,  p.  17,  §  26,  p.  40,  §  31,  p.  44;  Penal  Law, 
§§  1350,  1351,  p.  518;  Sanitary  Code,  Chap.  VI,  p.  353 


46  The  Public  Health  Manual 

tion  of  his  term ;  and  the  cost  of  any  such  action  or 
proceeding,  if  not  paid  by  the  occupant,  shall  also  be  a 
lien  upon  such  premises,  having  the  same  preference  as 
the  lien  of  such  judgment,  and  the  right  of  the  pur- 
chaser to  such  premises  shall  be  extended  for  a  longer 
term,  which  shall  bear  the  same  proportion  to  the 
original  term  as  the  amount  of  such  costs  bears  to  the 
amount  paid  by  the  purchaser  on  such  sale.  The  term 
of  the  purchaser  at  any  such  sale  shall  commence  when 
he  shall  have  acquired  possession  of  the  premises  sold. 
At  any  time  within  six  months  after  recording  such 
certificate,  the  owner  of  the  premises  or  any  lessee, 
mortgagee  or  incumbrancer  thereof,  or  of  any  part  of 
the  same,  may  redeem  the  premises  or  any  such  part 
from  such  sale  by  paying  to  the  purchaser  the  amount 
paid  by  him  on  the  sale,  and  all  costs  and  expenses  in- 
curred by  him  in  any  action  or  proceeding  to  recover 
possession  with  interest  at  the  rate  of  ten  per  centum 
per  annum  thereon.  If  redemption  is  made  by  the 
owner,  the  right  of  the  purchaser  shall  be  extinguished; 
if  by  a  lessee,  the  amount  paid  shall  be  applied  as  a 
payment  upon  any  rent  due  or  which  may  accrue  upon 
his  lease;  if  by  a  mortgagee  or  an  incumbrancer,  the 
amount  paid  shall  be  added  to  his  mortgage,  incum- 
brance or  other  lien,  or  if  he  have  more  than  one  to 
the  oldest,  and  shall  thereafter  be  a  part  of  such  mort- 
gage, lien  or  incumbrance  and  enforceable  as  such. 
Manufac-  §    33.   Manufactures   in   tenement  houses  and   dwell- 

tenement  ings.*  No  room  or  apartment  in  a  tenement  or  dwelling 
houses  and  house,  used  for  eating  or  sleeping  purposes,  shall  be 
used  for  the  manufacture,  wholly  or  partly,  of  coats, 
vests,  trousers,  knee  pants,  overalls,  cloaks,  shirts, 
purses,  feathers,  artificial  flowers  or  cigars,  except  by 
the  members  of  the  family  living  therein,  which  shall 
include  a  husband  and  wife  and  their  children,  or  the 


*  See  Labor  Law,  §  103,  p.  491 


Local   Boards   of   Health  47 

children  of  either.     A  family  occupying  or  controlling 
such  a  workshop  shall,  within  fourteen  days  from  the 
time   of   beginning   work   therein,    notify   the   board    of  Notice    to 
health  of  the  city,  village  or  town,  where  such  work-  h°^th 
shop  is  located,  or  a  special  inspector  appointed  by  such 
board,    of   the   location    of    such   workshop,    the   nature 
of  the  work  carried  on,  and  the  number  of  persons  em- 
ployed therein;    and  thereupon  such  board  shall,  if  it 
deems  advisable,  cause  a  permit  to  be  issued  to  such  permit 
family   to   carry   on   the   manufacture   specified   in   the 
notice.     Such  board  may  appoint  as  many  persons  as 
it  deems  advisable  to  act  as  special  inspectors.     Such  special 
special    inspectors    shall    receive    no    compensation,    but  insPect0!S 
may  be  paid  by  the  board  their  reasonable  and  neces- 
sary expenses.     If  a  board  of  health  or  such  inspector 
shall  find  evidence  of  infectious  or  contagious  diseases  infectious 
present  in  any  workshop,  or  in  goods  manufactured  or  ^gious 
in  process  of  manufacture  therein,  the  board  shall  issue  disease    in 

workshop 

such  orders  as  the  public  health  may  require,  and  shall     . 
condemn    and    destroy    such    infectious    and    contagious 
articles,    and   may,    if   necessary  to   protect   the   public 
health,  revoke  any  permit  granted  by  it  for  manufac- 
turing goods  in  such  workshop.    If  a  board  of  health  or 
any  such  inspector  shall  discover  that  any  such  goods 
are  being  brought  into  the  state,  having  been  manufac-  Goods 
tured,  in  whole  or  in  part,  under  unhealthy  conditions,  ^ctured 
such  board  or  inspector  shall  examine  such  goods,  and  if  under   un- 
they  are  found  to  contain  vermin,  or  to  have  been  made  conditions 
in  improper  places  or  under  unhealthy  conditions,  the 
board  may  make  such  orders  as  the  public  health  may 
require,  and  may  condemn  and  destroy  such  goods. 

§  34.  Jurisdiction  of  town  boards.     A  town  board  of  Tow" 

"  board    not 

Tiealth  shall  not  have  jurisdiction  over  any  city  or  to  have 
incorporated  village  or  part  of  such  city  or  village  in  0yerS  any 
^such  town.      (Am'd  by  L.   1913,  ch.  559,  in  effect  May  city  or  in" 

17  '  '  J     corporated 

16,    1913.)  village     in 

town 


48 


The  Public  Health  Manual 


Expenses 
of  board, 
how    paid 


Village    not 
to     be 
taxed    to 
maintain 
town    board 
of    health 


Relief    of 
indigent 
Indians     in 
case    of 
epidemic 


Expenses 

state 

charge 

Verified 

statement 

required 


Audit     by 
state     com- 
missioner 
of   health 


§  35.  Expenses,  how  paid.  All  expenses  incurred  by 
any  local  board  of  health  in  the  performance  of  the 
duties  imposed  upon  it  or  its  members  by  law  shall  be 
a  charge  upon  the  municipality,  and  shall  be  audited, 
levied,  collected  and  paid  in  the  same  manner  as  the 
other  charges  of,  or  upon,  the  municipality  are  audited, 
levied,  collected  and  paid.  The  taxable  property  of  any 
incorporated  village  shall  not  be  subject  to  taxation 
for  maintaining  any  town  board  of  health,  or  for  any 
expenditure  authorized  by  the  town  board,  but  the  costs 
and  expenditures  of  the  town  board  shall  be  assessed 
and  collected  exclusively  on  the  property  of  the  town 
outside  of  any  such  village.  (Am'd  by  L.  1913,  ch. 
559,  in  effect  May  16,  1913.) 

§  36.  Relief  of  indigent  Indians  in  case  of  epidemic. 
Whenever  an  epidemic  of  a  contagious  or  infectious  dis- 
ease shall  prevail  among  the  Indians  of  any  nation, 
tribe  or  band  in  this  state,  the  overseer  of  the  poor  of 
any  town  in  which  the  reservation  of  such  nation,  tribe 
or  band  is  wholly  or  partly  situated,  may  in  accordance 
with  rules  and  regulations  adopted  by  the  state  com- 
missioner of  health,  cause  needed  medical  attendance, 
provisions  and  maintenance  to  be/  furnished  to  any  in- 
digent Indian  residing  in  the  town,  who,  or  a  member 
of  whose  family,  is  afflicted  with  such  disease,  while 
such  disease  shall  continue;  and  the  cost  thereof  after 
being  audited  as  herein  provided  shall  be  a  state  charge. 
A  verified  statement  of  any  expenses  incurred  under 
this  section  shall  be  transmitted  by  the  overseer  of  the 
poor  to  the  state  commissioner  of  health.  Such  com- 
missioner shall  examine  into  the  matter,  and  if  satis- 
fied that  such  expenses  were  properly  and  necessarily 
incurred  in  accordance  with  the  rules  and  regulations 
of  the  state  commissioner  of  health,  shall  audit  and 
allow  the  same,  and  when  so  audited,  the  amount 
thereof  shall  be  paid  by  the  state  treasurer  on  the  war- 
rant of  the  comptroller  to  such  overseer  of  the  poor. 


Local   Boards   of   Health  49 

§  36-a.  Providing  for  the  care  and  maintenance  of 
carriers  of  disease,  t  Whenever  an  individual  is  declared 
by  the  state  commissioner  of  health  as  being  a  carrier 
of  typhoid  fever  bacilli  and  whenever,  for  the  protec- 
tion of  the  public  health,  the  state  commissioner  of 
health  shall  have  certified  to  the  necessity  of  continued 
quarantine;  or,  whenever,  in  accordance  with  rules  and 
regulations  adopted  by  the  state  commissoiner  *$  of 
health  a  carrier  of  the  germs  of  typhoid  fever  is  pre-  Typhoid 
vented  from  carrying  on  any  occupation  which  would 
enable  him  to  gain  a  livelihood,  such  individual  may 
be  given  hospital  or  institutional  care  under  the  sur-  institu- 
veillance  of  the  local  health  officer  at  the  expense  of 
the  state  if  such  hospital  or  institution  in  the  judg- 
ment of  the  state  commissioner  of  health  be  properly 
equipped  for  the  care  and  maintenance  of  said  indi- 
vidual. 

When    no    sueh   hospital    or   institution    is    available  Medical 

7  .  care    and 

and  when  in  the  opinion  of  the  state  commissioner  of  mainten- 
health  such  individual  may  be  cared  for  at  home  or  in  •  *"^e  at 
a  private  family  with  due  regard  to  the  protection  of 
the  public  health  the  local  charities  commissioner  or 
overseer  of  the  poor  shall,  in  accordance  with  rules 
and  regulations  adopted  by  the  commissioner  of  health, 
furnish  necessary  medical  attendance  and  maintenance. 
No    expenditure    for    the    purposes    herein    authorized  Expendi- 

1  ture    to    be 

shall  be  contracted  for  or  incurred  by  any  local  overseer  authorized 
of  the  poor  or  charities  commissioner  until  after  such  hcyor^is, 
expenditure  has  been  authorized  and  approved  by  the  sioner 
state  commissioner  of  health.     A  verified  statement  of 
any  such  approved  expense  incurred  hereunder  shall  be 
transmitted  by  the  local  overseer  of  the  poor  or  char- 
ities commissioner  to  the  state  commissioner  of  health. 
The   commissioner  of  health  shall  examine  this  state-  Verified 
ment    and   if    satisfied    that    such    authorized    expenses  of  expenses 


*  So  in  original 

t  See  Sanitary  Code,  Chap.  2,  Reg.  40,  p.  324 

j  May  be  obtained  from  State  Department  of  Health,  Albany 


50 


The  Public  Health  Manual 


by    poor 
official    to 
be    audited 
by    com- 
missioner 
and    paid 
by    state 
treasurer 


Mandamus 


New    York 
city  ex- 
cepted 


Manu- 
facture    of 
fertilizer, 
etc.,    pro- 
hibited 
within    city 
or    within 
three    miles 
therefrom 


Health    au- 
thorities 
to    enforce 


Violation 
misde- 
meanor 


are  correct  and  necessary  in  accordance  with  rules  and 
regulations  adopted  by  him  he  shall  audit  and  allow  the 
same  and  when  so  audited  the  amount  thereof  shall 
be  paid  by  the  state  treasurer  on  the  warrant  of  the 
comptroller  to  such  institution  or  local  poor  officer. 
(Added  by  L.  1916,  ch.  371,  in  effect  May  1,  1916.) 

§  37.  Mandamus.  The  performance  of  any  duty  or 
the  doing  of  any  act  enjoined,  prescribed  or  required  by 
this  article,  may  be  enforced  by  mandamus  at  the  in- 
stance of  the  state  department  of  health  or  its  president 
or  secretary,  or  of  the  local  board  of  health,  or  of  any 
citizen  of  full  age  resident  of  the  municipality  where 
the  duty  should  be  performed  or  the  act  done. 

§  38.  Exceptions  and  limitations  as  to  city  of  New 
York.  Sections  twenty  to  thirty-eight  inclusive  of  this 
article  shall  not  be  construed  to  affect,  alter  or  repeal 
laws  now  in  force  relating  to  the  board  of  health  of 
the  city  of  New  York  nor  the  sanitary  code  duly 
adopted  and  now  in  force  in  such  city.  (Am'd  by  L. 
1913,  ch.  559,  in  effect  May  16,  1913.) 

§  39.  Certain  kinds  of  business  and  manufacture  pro- 
hibited in  cities  or  within  three  miles  therefrom;  ex- 
ceptions. It  shall  not  be  lawful  for  any  person  or 
persons  to  engage  in  or  carry  on  the  business  of  fat 
rendering,  bone  boiling  or  the  manufacture  of  fertilizers 
or  any  business  as  a  public  nuisance  within  the  cor- 
porate limits  of  any  incorporated  city  of  this  state,  or 
within  a  distance  of  three  miles  from  the  corporate 
limits  of  any  incorporated  city,  provided,  however,  that 
nothing  herein  contained  shall  prevent  the  rendering  of 
fresh  killed  cattle  or  swine.  All  departments  of  health 
or  the  commissioner  or  commissioners  thereof  in  any 
incorporated  city  of  this  state  shall  have  power  to 
enforce  the  provisions  of  this  section.  Any  person  or 
persons  offending  against  the  provisions  of  this  section 
shall,  upon  conviction  thereof,  be  guilty  of  a  misde- 
meanor.    This  section  shall  not  apply  to  the  counties 


Adulterations  51 

of     Fulton,    Wayne,    Tompkins,    Chautauqua,    Orange,  Exceptions 
Dutchess,  Erie,  Monroe,  Oneida,  Onondaga,  New  York, 
Schoharie,  Ulster,  Greene,  Cayuga,  Cattaraugus,  Niag- 
ara, Saratoga,  Schenectady,  Hamilton,  Montgomery  and 
Orleans. 

ARTICLE  IV 

Adulterations! 

Section  40.  Definitions. 

41.  Adulterations. 

42.  Duties    of    state    department    of    health    in 

respect  to  adulterations. 

43.  Analysis   of   spirituous,   fermented   or  malt 

liquors. 

44.  Samples  to  be  furnished. 

45.  Seizure  of  milk. 

46.  Adulteration  of  wines. 

47.  Pure  wine  defined. 

48.  Half  wine  and  made  wine  defined;  packages, 

how  stamped  or  labeled. 

49.  Penalties. 

50.  Report  to  district  attorney. 

§  40.  Definitions.    The  term  "  food,"  when  used  herein,  «.  Food  ., 
shall  include  every  article  of  food  and  every  beverage  defined 
used  by  man  and  all  confectionery;   the  term  "drug,"  "  Drug  " 
when  so  used,  shall  include  all  medicines  for  external  defined 
and  internal  use. 

§  41.  Adulterations.  No  person  shall,  within  the  state, 
manufacture,  produce,  compound,  brew,  distill,  have,  sell 
cr  offer  for  sale  any  adulterated  food  or  drug.  An 
article  shall  be  deemed  to  be  adulterated  within  the 
meaning  of  this  chapter: 

A.  In  the  case  of  drugs: 

1.  If  when  sold  under  or  by  a  name  recognized  in  the  Aduiter- 

ated    drugs 

denned 
t  Sections  40-43  and  46-50  to  be  enforced  by  Department  of  Farms 
and  Markets.     Farms  and  Markets  Law,  §  100,  p.  448 


52  The  Public  Health  Manual 

United  States  pharmacopeia,  it  differs  from  the  stand- 
ard of  strength,  quality  or  purity  laid  down  therein. 

2.  If,  when  sold  under  or  by  a  name  not  recognized  in 
the  United  States  pharmacopeia,  but  which  is  found  in 
some  other  pharmacopeia  or  other  standard  work  on 
materia  medica,  it  differs  materially  from  the  standard 
of  strength,  quality  or  purity  laid  down  in  such  work. . 

3.  If  its  strength  or  purity  fall  below  the  professed 
standard  under  which  it  is  sold. 

4.  If  it  contains  methyl  or  wood  alcohol,  in  any  of  its 
forms,  or  any  methylated  preparation  made  from  it. 

B.  In  the  case  of  food: 

1.  If  any  substance  or  substances  has  or  have  been 
mixed  with  it  so  as  to  reduce  or  lower  or  injuriously 
affect  its  quality  or  strength. 

2.  If  any  inferior  or  cheaper  substance  or  substances 
have  been  substituted  wholly  or  in  part  for  the  article. 

3.  If  any  valuable  constituent  of  the  article  has 
been  wholly  or  in  part  abstracted. 

4.  If  it  be  an  imitation  or  be  sold  under  the  name  of 
another  article. 

5.  If  it  consists  wholly  or  in  part  of  diseased  or  de- 
composed or  putrid  or  rotten  animal  or  vegetable  sub- 
stance, whether  manufactured  or  not,  or  in  the  case  of 
milk,  if  it  is  the  product  of  a  diseased  animal. 

6.  If  it  be  colored,  or  coated,  or  polished,  or  powdered, 
whereby  damage  is  concealed,  or  it  is  made  to  appear 
better  than  it  really  is,  or  of  greater  value. 

7.  If  it  contain  any  added  poisonous  ingredient,  or 
any  ingredient  which  may  render  such  article  injurious 
to  the  health  of  the  person  consuming  it.  Provided 
that  an  article  of  food  which  does  not  contain  any 
ingredient  injurious  to  health,  shall  not  be  deemed  to 
have  been  adulterated,  in  the  case  of  mixtures  or  com- 
pounds which  may  be  now,  or  from  time  to  time  here- 
after, known  as  articles  of  food  under  their  own  dis- 
tinctive   names,    or    which    shall    be    labeled    so    as    to 


Adulterations  53 

plainly  indicate  that  they  are  mixtures,  combinations, 
compounds  or  blends,  and  not  included  in  definition 
four  of  this  subdivision. 

8.  If  it  contains  methyl  or  wood  alcohol   in  any  of 
its  forms,  or  any  methylated  preparation  made  from  it. 

C.  In   the    case    of    spirituous,    fermented    and    malt 
liquors,  if  it  contain  methyl  or  wood  alcohol  in  any  of 

its  forms,  or  any  substance  or  ingredient  not  normal  or  Aduiter- 
healthful    to    exist    in    spirituous,    fermented    or    malt  ated 

x  liquors 

liquors,  or  which  may  be  deleterious  or  detrimental  to  defined 
health  when  such  liquors  are  used  as  a  beverage.     In 
the  case  of  ale  or  beer,  if  it  contains  any  substitute  for 
hops,  or  pure  extract  of  hops,  or  if  any  such  substitute 
is  used  in  the  manufacture  thereof. 

D.  In  the  case  of  confectionery,  if  it  contains  terra 

alba,  barytes,  talc  or  other  mineral  substance  or  poison-  Adulter- 
ous colors  or  flavors,  or  other  ingredients  deleterious  or  *te?.  c°°," 

'  °  fectionery 

detrimental  to  health.  If  the  standard  of  any  article  defined 
of  food  or  any  drug  is  not  established  in  a  national 
pharmacopeia,  the  state  board  of  health  shall,  from 
time  to  time,  fix  the  limit  for  variability  permissible 
therein.  The  state  board  of  health  may,  from  time  to 
time,  with  the  approval  of  the  governor,  declare  what 
articles  or  preparations  shall  be  exempt  from  the  pro- 
visions of  this  article,  and  publish  a  list  of  such  articles 
which  shall  thereafter  be  so  exempt.  Every  person  vio- 
lating any  provision  of  this  section  shall  forfeit  to  the 
people  of  the  state  the  sum  of  one  hundred  dollars  for 
every  such  violation. 

§  42.  Duties  of  state  department  of  health  in  respect  state  ae- 
to  adulterations.     The  state  department  of  health  shall  ^health 
take  cognizance  of  the  interests  of  the  public  health  as  t0    enforce 
affected  by  the  sale  or  use  of  food  and  drugs  and  the 
adulterations  thereof,  and  make  all  necessary  inquiries  Appoint. 
and   investigations   relating  thereto.      It   shall   appoint  ment    of 
such    public    analysts,    chemists    and    inspectors    as    it  chemists 
may  deem  necessary  for  that  purpose,  and  revoke  any  gp(fctc 


and    in- 
tors 


54 


The  Public  Health  Manual 


Additional 


Yearly 

analysis 

liquors 


such,  appointment  whenever  it  shall  deem  the  person 
appointed  incompetent,  or  his  continuance  in  the  service 
for  any  reason  undesirable.  It  shall,  from  time  to  time, 
adopt  such  measures  and  make  such  regulations  and 
declarations,  in  addition  to  the  provisions  of  this 
regulations  article,  as  may  seem  necessary  to  enforce  or  facilitate 
deciara-  the  enforcement  of  this  article,  or  for  the  purpose  of 
tions  making  an  examination  or  analysis  of  any  food  or  drug- 

sold  or  exposed  for  sale  in  the  state,  and  all  such  regu- 
lations and  declarations  made  in  any  year  shall  be  filed 
in  the  office  of  the  secretary  of  state  and  published  in 
the  session  laws  first  published  after  the  expiration  of 
thirty  days  from  such  filing. 

§  43.  Analysis  of  spirituous,  fermented  or  malt 
of  liquors.  The  state  department  of  health  shall  at  least 
once  in  each  calendar  year  cause  samples  to  be  pro- 
cured in  the  public  market  or  otherwise  of  the  spirit- 
uous, fermented  or  malt  liquors,  distilled,  brewed,  manu- 
factured, sold  or  offered  for  sale  in  each  brewery  and 
distillery  located  in  this  state.  Such  samples  shall  be 
kept  in  vessels  in  a  condition  to  obtain  a  proper  test  and 
analysis  thereof.  Such  vessels  shall  be  properly  labeled 
and  numbered,  and  an  accurate  list  kept  of  the  names 
of  the  distillers,  brewers  'and  vendors  of  the  liquors 
from  which  the  samples  were  taken,  and  opposite  each 
name  shall  appear  the  number  which  is  written  or 
printed  on  the  label  attached  to  the  vessel  containing 
the  sample.  Such  lists,  numbers  and  labels  shall  be 
exclusively  for  the  information  of  such  department  and 
shall  not  be  disclosed  or  published  unless  upon  discovery 
of  some  deleterious  substance  therein  prior  to  the  com- 
pletion of  the  analysis  or  required  in  evidence  in  court. 
When  listed  and  numbered,  every  such  sample  shall  be 
delivered  to  an  analyst,  chemist  or  officer  of  the  depart- 
ment and  shall  be  designated  and  known  to  him.  only 
by  its  number,  and  by  no  other  mark  or  designation. 
A  test  or   analysis  of  such   sample  shall  be  made  by 


Adulterations  55 

such  analyst,  chemist  or  officer,  which  will  determine 
the  ingredients  or  component  parts  thereof.  The  result 
of  such  test  or  analysis  shall  be  immediately  reported 
to  the  department  by  the  person  making  the  same, 
setting  forth  explicitly  the  nature  of  any  deleterious 
substance,  compound  or  adulteration  found  therein 
which  may  be  detrimental  to  public  health,  and  the 
number  of  samples  in  which  it  was  found.  Any 
brewer,  distiller  or  vendor  in  whose  samples  any  such 
substance,  compound  or  adulteration  is  found  upon  any 
such  test  or  analysis,  shall  be  deemed  to  have  violated 
the  provisions  of  this  article,  prohibiting  the  manufac- 
turing, having,  selling  or  offering  for  sale  of  adulterated 
food. 

§  44.  Samples  to  be  furnished.     Every  person  selling,  Samples 

to    be 

or  offering,  or  exposing  for  sale  or  manufacturing  or  furnished 
producing  any  article  of  food,  or  any  drug,  shall  upon 
tender  of  the  value  thereof,  furnish  any  analyst,  chemist, 
officer  or  agent  of  the  state  department  of  health  or  of 
any  local  board  of  health,  with  a  sample  of  any  such 
article  or  drug,,  sufficient  for  the  purpose  of  analysis 
or  test.  For  every  refusal  to  furnish  the  same,  the  Penalty 
person  so  refusing  shall  forfeit  to  the  people  of  the 
state  the  sum  of  one  hundred  dollars. 

§  45.  Seizure  of  milk.    When  a  health  officer  or  other  Seizure   of 

°  milk, 

official  shall  seize  or  destroy  or  cause  to  be  seized  or  sample 
destroyed  any  milk,  he  shall  take  a  sample  of  such  milk  t°ken"  by 
in  the   presence  of  at  least  one  witness,  and  shall,  in  health 

r  '  '  officer 

the  presence  of  such  witness,  seal  such  sample  and 
tender  it  to  the  vendor  or  person  in  charge  of  such 
milk,  and  if  accepted,  shall  also  deliver  therewith  a. 
statement  in  writing  of  the  date  and  cause  of  such 
seizure  or  destruction.  Any  health  officer  or  other 
official  violating  the  provisions  of  this  section,  shall  be 
liable  to  a  penalty  of  fifty  dollars,  to  be  recovered  by  penalty 
the  person  aggrieved. 


56  The  Public  Health  Manual 


Adulter- 


§  46.  Adulteration  of  wines.  All  wines  containing 
ated  wines  alcohol,  except  such  as  shall  be  produced  by  the  natural 
fermentation  of  pure  undried  fruit  juices  or  compounded 
with  distilled  spirits,  whether  denominated  as  wines  or 
by  any  other  name,  which  may  be  used  as  a  beverage  or 
compounded  with  other  liquors  intended  for  such  use, 
and  all  compounds  of  the  same  with  pure  wine,  and 
all  preserved  fruit  juices  compounded  with  substances 
not  produced  from  undried  fruit  in  the  nature  of  or 
intended  for  use  as  a  beverage,  or  for  use  in  the  fermen- 
tation or  preparation  of  liquors  intended  for  such  use, 
and  all  wines,  imitations  of  wines  or  other  beverages 
produced  from  fruit,  which  shall  contain  any  alum, 
baryta  salts,  caustic  lime,  carbonate  of  soda,  carbonate 
of  potash,  carbonic  acid,  salts  of  lead,  glycerine,  salic 
.  acid,  or  any  other  antiseptic,  coloring  matter,  not  pro- 
duced from  undried  fruit,  artificial  flavoring,  essence 
of  ether,  methyl  or  wood  alcohol,  in  any  of  its  forms,  or 
any  other  foreign  substance  injurious  to  health,  shall  be 
known  as  or  deemed  to  be  adulterated  wine,  and  shall 
not  be  sold,  offered  for  sale  or  manufactured  with  intent 
to  sell  within  this  state;  and  all  such  wine  and  every 
such  beverage  shall  be  deemed  a  public  nuisance  and 
forfeited  to  the  state  and  shall  be  summarily  seized 
and  destroyed  by  any  health  officer  within  whose  juris- 
diction it  shall  be  found,  and  the  reasonable  expense  of 
such  seizure  and  destruction  shall  be  a  county  charge. 

Pure    wine       §    4?-   Pure   wine   denned-      For   the   purpose  of  this 
defined  article,    pure   wine    shall   be   deemed   to   mean   the    fer- 

mented juice  of  undried  grapes  or  other  undried  fruits, 
but  the  addition  of  pure  sugar  to  perfect  the  wine  or 
of  pure  distilled  spirits  to  preserve  it,  not  to  exceed 
eight  per  centum  of  its  volume,  or  the  use  of  things 
necessary  to  clarify  and  fine  the  wine  not  injurious  to 
health  shall  not  be  construed  as  adulteration,  if  such 
pure  wine  shall  contain  at  least  seventy-five  per  centum 
of  pure  grape  or  other  undried  fruit  juice. 


Adulterations  57 

§  48.  Half  wine  and  made  wine  defined;  packages,  Half  wine 
how  stamped  and  labeled.  For  the  purpose  of  this  defined 
article,  any  wine  which  contains  less  than  seventy-five 
and  more  than  fifty  per  centum  of  pure  grape  or  other 
undried  fruit  juice  and  is  otherwise  pure  shall  be  known 
as  half  wine,  and  upon  each  and  every  package  of  such 
wine  manufactured  with  the  intent  to  sell,  or  sold  or 
offered  for  sale  by  any  person  within  this  state,  if  con- 
taining more  than  three  gallons,  there  shall  be  stamped 
on  both  ends  of  the  package  containing  the  same  in  black 
printed  letters,  at  least  one  inch  in  height  and  of  Marking 
proper  proportion  in  width,  the  words  "  half  wine  " ;  and 
if  containing  more  than  one  quart  and  not  more  than 
three  gallons,  there  shall  be  stamped  on  each  package 
in  plain  printed  black  letters,  at  least  one-half  inch 
high  and  of  proper  proportion  as  to  width,  the  words 
"  half  wine  " ;  and  if  in  a  package  or  bottle  of  one  quart 
or  less,  there  shall  be  placed  a  label  securely  pasted 
thereon,  having  the  words  "  half  wine  "  plainly  printed 
in  black  letters  at  least  one-quarter  of  an  inch  high  and 
of  proper  proportion  as  to  width.  If  any  number  of 
small  packages  is  inclosed  in  a  larger  package,  as  a  box, 
barrel,  case  or  basket,  such  outside  package  shall  have 
thereon  the  stamp  "  half  wine "  in  letters  of  a  size 
according  to  the  size  of  such  outer  package.  Every 
person  who  shall  sell,  offer  for  sale,  or  manufacture 
with  the  intent  to  sell,  within  the  state  any  wine  con-  Made 
taining  less  than  fifty  per  centum  of  pure  grape  or  wine 
other  undried  fruit  juice  and  otherwise  pure,  shall  cause 
all  the  packages  containing  the  same  to  be  stamped, 
marked  and  labeled  with  the  words  "  made  wine "  in 
the  same  manner  as  "  half  wine "  is  required  in  this  Marking 
section  to  be  stamped,  marked  and  labeled,  and  all  such 
wine  shall  be  known  and  sold  as  "  made  wine." 

§  49.  Penalties.    Every  person  who  manufactures  with  Penalties 
intent  to  sell,  sells  or  offers  for  sale  within  the  state, 
any  wine  of  a  kind  or  character,  the  manufacture,  sale 


58  The  Public  Health  Manual 

or  offering  for  sale  of  which  is  prohibited  by  this 
article,  or  which  is  not  stamped,  marked  or  labeled  as 
required  by  this  article,  shall  forfeit  to  the  county 
wherein  such  manufacture,  sale  or  offering  for  sale  takes 
place,  the  sum  of  one-half  dollar  for  each  gallon  thereof 
so  sold  or  manufactured  with  the  intent  to  sell.  The 
provisions  of  the  three  preceding  sections  of  this  article 
shall  not  apply  to  medicated  wines  which  are  put  up 
and  sold  for  medical  purposes  only. 
Report  to  §  50.  Report  to  district  attorney.  Upon  discovering 
district   at-  any  violations  of  the  provisions  of  the  penal  law  relat- 

torney     by  J  r  r 

department  ing  to  the  adulteration  of  foods  and  drugs,  the  state 

department   of   health    shall   immediately   communicate 

the  facts  to  the  district  attorney  of  the  county  where 

the  violation  occurred,  who   shall  thereupon  forthwith 

commence  proceedings  for  the  indictment  and  trial   of 

the   person   charged  with   such   violation.     Nothing   in 

this  article  shall  be  construed  to  in  any  way  repeal  or 

affect  any  of  the  provisions  of  the  agricultural  law,  nor 

to  prohibit  the  coloring  of  butter  made  from  milk,  the 

product  of  the  dairy,  or  the  cream  from  the  same  with 

coloring  matter  which  is  not  injurious  to  health. 

Note: — Since  the  enactment  of  similar  section  in  Agricultural  Law 
in  1893,  this  work  has  been  carried  on  by  the  Department  of  Agricul- 
ture. 

ARTICLE   V 

Potable  waters 
Section  70.  Rules  and  regulations  of  department. 

71.  Inspection  of  water  supply. 

72.  Rules    and    regulations    for    water    supplies 

legalized. 

73.  Sewerage. 

73-a.  Sanitary  control  of  water  supply  of  the 
city  of  New  York,  tributary  to  the 
Catskill  aqueduct. 

74.  Discharge  of  sewage  into  Wallkill  creek  pro- 

hibited. 


Potable  Waters  59 

Section  75.  Discharge   of   sewage   into  the  Susquehanna 
near   Binghamton  prohibited. 

76.  Discharge  of  sewage  and  other  matter  into 

certain  waters  prohibited. 
76a.  Order  to  discontinue  pollution  of  waters. 

77.  Permission  to  discharge  sewage. 

78.  Permission  to  discharge  refuse  or  waste  mat- 

ter from  industrial  establishments. 

79.  Plans   for    refuse    discharge    pipes    must    be 

submitted. 

80.  Revocation  of  permit. 

81.  Reports    of    municipal    authorities    to    local 

boards  of  health. 

82.  Reports   of   proprietors    of   industrial   estab- 

lishments. 

83.  Record  of  permits ;  inspection  of  local  boards 

of  health. 

84.  Violations;  service  of  notice;  actions. 

85.  Penalties. 

86.  Constructions  and  limitations  made  by  sec- 

tions seventy-six  to  eighty-five,  inclusive. 

87.  Actions    by    municipalities    to    prevent    dis- 

charge  of   sewage   into  waters. 

§    70.  Rules    and    regulations    of    department.      The  water 
state  department  of  health  may  make  rules  and  regu-  regulations 
lations  for  the  protection   from   contamination   of   any  auth(>rize,i 
or  all  public  supplies  of  potable  waters  and  their  sources 
within  the  state,  and  the  commissioner  of  water  supply, 
gas  and  electricity  of  the  city  of  New  York   and  the 
board  of  water  supply  of  the  city  of  New  York  may 
make  such  rules  and  regulations  subject  to  the  approval  Approval 
of   the   state   department   of  health   for   the  protection  of   x.  y.  c. 

rules   and 

from    contamination   of   any   or   all  public   supplies   of  regulations 
potable  waters  and  their  sources  within  the  state  where 
the  same  constitute  a  part  of  the  source  of  the  public 
water  supply  of  said  city.  If  any  such  rule  or  regulation 


60  The  Public  Health  Manual 


Tempor-  relates  to  a  temporary  source  or  act  of  contamination, 
ary  con-  anv  person  violating  such  rule  or  regulation  shall  be 
tion,  liable  to  prosecution  for  misdemeanor   for   every   such 

violation,  and  on  conviction  shall  be  punished  by  a  fine 
not  exceeding  two  hundred  dollars,  or  imprisonment  not 
exceeding  one  year,  or  both.     If  any  such  rule  or  regu- 
Permanent    lation  relates  to  a  permanent  source  or  act  of  contami- 
timitammar   nation,  said  department  may  impose  penalties  for  the 
penalty         violation  thereof  or  the   noncompliance  therewith,   not 
exceeding  two  hundred  dollars  for  every  such  violation 
Pubiica-        or  noncompliance.     Every  such  rule  or  regulation  shall 
tion    of        be  published  at   least   once  in  each  week  for   six  con- 
secutive weeks,  in  at  least  one  newspaper  of  the  county 
where  the  waters  to  which  it  relates  are  located.     The 
Expense   of  cost  of  such  publication  shall  be  paid  by  the  corpora- 
pubiication  ^on  or  municipality  •  benefited  by  the  protection  of  the 
water  supply  to  which  the  rule  or  regulation  published 
Affidavit   of  relates.     The  affidavit  of  the  printer,  publisher  or  pro- 
pubiica-        prietor  of  the  newspaper  in  which  such  rule  or  regula- 
in  county      tion  is  published  may  be  filed,  with  the  rule  or  regula- 
cierk'^  *i°n    published,    in    the    county    clerk's    office    of    such 

office  county,  and  such  affidavit  and  rule  and  regulation  shall 

be  conclusive  evidence  of  such  publication,  and  of.  all  the 
facts  therein  stated  in  all  courts  and  places.  ( Am'd  by 
1911,  ch.  695,  and  L.  1915,  ch.  665,  in  effect  May  20,  1915.) 
§  71.  Inspection  of  water.  The  officer  or  board 
having  by  law  the  management  and  control  of 
the  potable  water  supply  of  any  municipality,  and  in 
the  city  of  New  York,  the  commissioner  of  water  sup- 
ply, gas  and  electricity,  and  the  board  of  water  supply 
of  the  city  of  New  York,  or  the  corporation  furnishing 
inspections  8ucn  suPPty>  ma7  make  such  inspection  of  the  sources 
of  such  water  supply  as  such  officer,  board  or  corpora- 
tion deems  advisable  and  to  ascertain  whether  the 
rules  or  regulations  of  the  state  department  and  of 
the  commissioner  of  water  supply,  gas  and  electricity 
of  the  city  of  New  York,  and  of  the  board  of  water 


Potable  Waters  61 

supply  of  the  city  of  -New  York,  are  complied  with,  and 
shall  make  such  regular  or  special  inspections  as  the 
state  commissioner  of  health  or  the  commissioner  of 
the  department  of  water  supply,  gas  and  electricity  of 
the  city  of  New  York,  or  the  board  of  water  supply  of 
the  city  of  New  York,  may  prescribe.  If  any  such. in- 
spection discloses  a  violation  of  any  such  rule  or  regula-  violations, 

x  j  service     of 

tion  relating  to  a  temporary  or  permanent  source  or  act  notice 
of  contamination,  such  officer,  board  or  corporation  shall 
cause  a  copy  of  the  rule  or  regulation  violated  to  be 
served    upon    the   person    violating    the    same,    with    a 
notice  of  such  violation.     If  the  person  served  does  not 
immediately  comply  with   the   rule   or   regulation   vio- 
lated,  such   officer,   board   or   corporation,   except   in   a 
case   concerning  the  violation   of  a   rule   or   regulation 
relating   to    a   temporary   or   permanent   source   or    act 
of  contamination  affecting  the  potable  water  supply  of  Notifica- 
the  city  of  New  York,  shall  notify  the  state  depart-  department 
ment  of  the  violation,  which  shall  immediately  examine  tLn  °con- 
into  such  violation;  and  if  such  person  is  found  by  the  tinues 
state  department  to  have  actually  violated  such  rule  or 
regulation,  the  commissioner  of  health  shall  order  the 
local  board  of  health  of  such  municipality  wherein  the  anT^rder 
violation  or  noncompliance  occurs,  to  convene  and  en-  to  convene 
force  obedience  to  such  rule  or  regulation.    If  the  local 
board  fails  to  enforce  such  order  within  ten  days  after 
its  receipt,  the  corporation  furnishing  such  water  sup- 
ply or  the  municipality  deriving  its  water  supply  from 
the  waters  to  which  such  rule  or  regulation  relates,  or 
the  state  commissioner  of  health  or  the  local  board  of 
health  of  the   municipality  wherein   the   water   supply 
protected  by  these  rules  is  used,  or  any  person  inter-  Action    in 
ested    in    the    protection    of   the    purity   of    the    water  rec0rd    if 
supply,  may  maintain  an   action  in   a  court   of  record  }>oavi    farls 

rsr  * '  J  to     enforce 

which   shall  be   tried   in   the   county   where   the   cause  order 
of   action  arose   against   such  person,   for  the  recovery  10  days 
of  the  penalties    incurred   by   such    violation,    and    for 


62  The  Public  Health  Manual 

Penalties      &n  injunction  restraining  him  from  the  continued  viola- 
aunctioii       ^on  °*  sucn  ru*e  or  regulation.     If  the  person  served 
does  not  comply  within  five  days  with  the  rule  or  regu- 
lation violated,  in  case  such  rule  or  regulation  relates 
to  a  temporary  or  permanent  source  or  act  of  contami- 
nation affecting  the  potable  water  supply  of  the  city 
contam-       of  New  York,  the  commissioner  of  water  supply,  gas 
matron ^of    an(j  eiectricity  of  said  city,  or  the  board  of  water  sup- 
suppiy  ply  of  the  city  of  New  York,  may  summarily  enforce 

Summary      compliance  with  such  rule  or  regulation,  and  may  sum- 
abatement     marjiy  abate  or  remove  the  cause  of  the  violation  of 

t)r    eniorce-  J 

ment    after  such  rule  or  regulation  or  the  nuisance  so  created,  and 
to  that  end  may  employ  such  force  as  may  be  neces- 
sary  and  proper;    provided,  however,  that  no  building 
or  improvements    shall    be    removed,    disturbed    or    de- 
stroyed by  the  said  commissioner  of  water  supply,  or 
the    said    board    of    water    supply    until    he    or    they 
shall   cause   measurements   to   be   made    of   the   build- 
ings   and    photographs    of   the    exterior   views    thereof, 
which  measurements   and  photographs   shall  be   at  the 
disposition  thereafter  of  the  owners  or  their  attorneys, 
and  failure  to  exercise  such  right  of   abatement   shall 
not  be   deemed   a   waiver   thereof.     Failure   to   comply 
within   five   days   with   such   rule   and  regulation   shall 
further  entitle  the  city  of  New  York  to  maintain  an 
action  in  any  court  having  jurisdiction  thereof  for  the 
recovery   of   the    penalties    incurred   by    such    violation 
and  for  an  injunction  restraining  the  person  or  persons 
violating  such  rule   or  regulation,   or   creating  or   con- 
tinuing such  nuisance,  from  the  continued  violation  of 
such  rule  or  regulation  or  continuance  of  such  nuisance; 
the  remedy  by  abatement  being  not  exclusive.     (Am'd 
by  L.  1911,  ch.  695,  and  L.  1915,  ch.  665,  in  effect  May  20, 
1915.) 

§  72.  Rules  and  regulations  for  water  supplies  legal- 
ized. All  rules  and  regulations  heretofore  duly  made 
and    published    for    the    sanitary    protection    of    public 


Potable  Waters  63 

water  supplies,  pursuant  to  chapter  five  hundred  and 
forty-three  of  the  laws  of  eighteen  hundred  and  eighty- 
five,  and  chapter  six  hundred  and  sixty-one  of  the  laws 
of  eighteen  hundred  and  ninety-three,  as  amended,  are 
hereby  legalized,  ratified,  confirmed  and  continued  in 
force,  until  new  rules  and  regulations  become  operative. 

This  section  and  the  two  preceding  sections  shall  not 
be  construed  to  repeal  or  affect  any  of  the  provisions  of 
chapter  three  hundred  and  seventy-eight  of  the  laws  of 
eighteen  hundred  and  ninety-seven,  or  its  amendments. 

§   73.     Sewage.     When     the     state     department     of   Changes   in 
health,  or  the  commissioner  of  water   supply,  gas  and   tems   re_ 
electricity  of  the  city  of  New  York,  or  the  board  of   r^ed    by 
water  supply  of  the  city  of  New  York,  shall,  for  the 
protection  of  a  water  supply  from  contamination,  make 
orders  or  regulations  the  execution  of  which  will  require 
or   make   necessary   the   construction   and   maintenance 
of  any  system  of  sewage,*  or  a  change  thereof,  in  or 
for  any  village  or  hamlet,  whether  incorporated  or  un- 
incorporated, or  the  execution  of  which  will  require  the 
providing  of  some  public  means  of  removal  or  purifica- 
tion of  sewage,  the  municipality  or  corporation  owning 
the   water   works   benefited   thereby   shalf,    at    its    own 
expense,  construct  and  maintain  such  system  of  sewage,* 
or    change    thereof,    and    provide    and    maintain    such 
means  of  removal  and  purification  of  sewage  and  such 
works   or   means   of   sewage   disposal   as    shall   be    ap- 
proved by  the  state  department  of  health,  and  for  that 
purpose  said  municipality  or  corporation  may  acquire,  com- 
under  the  general  condemnation  law,  the  necessary  real  j?ernsdaan°n 
estate  or  interest  therein  whether  now  used  for  public  ase  t0 

,    build- 

or  private  purposes.     When  the  execution  of  any  such  ings    or 
regulations  of  the  state  department  of  health,  or  the  occasioned 
commissioner   of   water   supply,   gas   and   electricity   of  by  enforce- 
the  city  of  New  York,  or  the  board  of  water  supply  of  ruies 


*  So  in  original? 


The  Public  Health  Manual 

the  city  of  New  York,  will  occasion  or  require  the  re- 
moval of  any  building  or  buildings,  the  municipality 
or  corporation  owning  the  water  works  benefited  thereby 
shall,  at  its  own  expense,  remove  such  buildings  and 
pay  to  the  owner  thereof  all  damages  occasioned  by 
such  removal.  When  the  execution  of  any  such  regula 
tion  will  injuriously  affect  any  property  the  munici- 
pality or  corporation  owning  the  water  works  bene- 
fited thereby  shall  make  just  and  adequate  compensa- 
tion for  the  property  so  taken  or  injured  and  for  all 
injuries  caused  to  the  legitimate  use  or  operation  of 
such  property.  Until  such  construction  or  change  of 
such  system  or  systems  of  sewerage,  and  the  providing 
of  such  means  of  removal  or  purification  of  sewage, 
and  until  such  works  or  means  of  sewage  disposal  and 
the  removal  of  any  building  are  so  made  by  the  munici- 
pality or  corporation  owning  the  water  works  to  be 
benefited  thereby  at  its  own  expense,  and  until,  except 
in  the  case  of  a  municipality,  the  corporation  owning 
the  water  works  benefited  shall  make  just  and  adequate 
payment  for  all  injuries  to  property  and  for  all  injuries 
caused  to  the  legitimate  use  or  operation  of  such  prop- 
erty, there  sljall  be  no  action  or  proceeding  taken  by 
any  such  municipality,  officer,  board,  person  or  corpo- 
ration against  any  person  or  corporation  for  the  viola- 
tion of  any  regulation  of  the  state  department  of  health 
under  this  article,  and  no  person  or  corporation  shall 
be  considered  to  have  violated  or  refused  to  obey  any 
such  rule  or  regulation.  The  owner  of  any  building 
the  removal  of  which  is  occasioned  or  required,  or  which 
has  been  removed  by  any  rule  or  regulation  of  the 
state  department  of  health,  or  the  commissioner  of 
water  supply,  gas  and  electricity  of  the  city  of  New 
York,  or  the  board  of  water  supply  of  the  city  of  New 
York,  made  under  the  provisions  of  this  article,  and 
all  persons  whose  rights  of  property  are  injuriously 
affected  by  the  enforcement  of  any  such  rule  or  regula- 


Potable  Waters  65 

tion,  shall  have  a  cause  of  action  against  the  munici- 
pality or  corporation  owning  the  water  works  bene- 
fited by  the  enforcement  of  such  rule  or  regulation,  for 
all  damages  occasioned  or  sustained  by  such  removal 
or  enforcement,  including  all  injuries  caused  to  the 
legitimate  use  or  operation  of  such  property,  and  an 
action  therefor  may  be  brought  against  such  munici- 
pality or  corporation  in  any  court  of  record  in  the 
county  in  which  the  premises  or  property  affected  is 
situated  and  shall  be  tried  thereon ;  or  such  damage  may 
be  determined  by  a  special  proceeding  in  the  supreme 
court  or  the  county  court  of  the  county  in  which  the 
property  is  situated.  Such  special  proceedings  shall 
be  commenced  by  petition  and  notice  to  be  served  by 
such  owner  upon  the  municipality  or  corporation  in 
the  same  manner  as  for  the  commencement  of  condem- 
nation proceeding.  'Such  municipality  or  corporation 
may  make  and  serve  an  answer  to  such  petition  as  in 
condemnation  proceedings.  The  petition  and  answer 
shall  set  forth  the  claims  of  the  respective  parties, 
and  the  provisions  of  the  condemnation  law  shall  be 
applicable  to  the  subsequent  proceedings  upon  the  peti- 
tion and  answer,  if  any.  Either  party  may,  before  the 
service  of  the  petition  or  answer  respectively,  offer  to 
take  or  pay  a  certain  sum,  and  no  costs  shall  be  awarded 
against  either  party  unless  the  judgment  is  more  un- 
favorable to  him  than  his  offer.  Provided,  however, 
that  in  the  case  of  a  summary  abatement  by  a  munici- 
pality as  hereinbefore  provided,  no  costs  shall  be 
awarded  against  the  owner  of  the  property  damaged, 
and  the  commissioners  of  appraisal  in  their  report  shall 
recommend  such  additional  sum  as  may  in  their  judg- 
ment be  reasonable  as  compensation  for  witnesses  and 
other  necessary  expenses  of  claimant.  Such  munici- 
pality shall,  within  three  calendar  months  after  the 
confirmation  of  the  report  of  the  commissioners  of  ap- 
praisal, pay  to  the  respective  owners  and  bodies  politio 
3 


66  The  Public  Health  Manual 

or  corporate,  mentioned  or  referred  to  in  said  report,  in 
whose  favor  any  sum  or  sums  of  money  shall  be  esti- 
mated and  reported  by  said  commissioners,  the  respec- 
tive sum  or  sums  so  estimated  and  reported  in  their 
favor  respectively,  with  lawful  interest  thereon.  And 
in  case  of  neglect  or  default  in  the  payment  of  the 
same  within  the  time  aforesaid,  the  respective  person 
or  persons  or  bodies  politic  or  corporate  in  whose  favor 
the  same  shall  be  so  reported,  his,  her,  or  their  execu- 
tors, administrators  or  successors,  at  any  time  or  times, 
after  application  first  made  by  him,  her,  or  them  to 
such  municipality  for  payment  thereof,  may  sue  for 
and  recover  the  same,  with  lawful  interest  aa  afore- 
said, and  the  costs  of  suit  in  any  proper  form  of  action 
against  such  municipality  in  any  court  having  cog- 
nizance thereof,  and  it  shall  be  sufficient  to  declare 
generally  for  so  much  money  due  to  the  plaintiff  or 
plaintiffs  therein  by  virtue  of  this  act,  and  the  report 
of  said  commissioners,  with  proof  of  the  right  and  title 
of  the  plaintiff  or  plaintiffs  to  the  sum  or  sums  de- 
manded shall  be  conclusive  evidence  in  such  suit  or 
action.  (Am'd  by  L.  1911,  ch.  695,  and  L.  1915',  ch.  665, 
in  effect  May  20,  1915.) 

§  73-a.  Nothing  contained  in  this  chapter  shall  ex- 
tend the  sanitary  control  of  the  board  of  water  supply 
of  the  city  of  New  York,  beyond  the  sources  of  potable 
water  supply,  tributary  to  the  Catskill  aqueduct;  and 
the  powers  granted  by  this  chapter  to  the  board  of 
water  supply  of  the  city  of  New  York  shall  cease  at 
the  time  of  the  transference  of  the  jurisdiction  over 
the  source  of  water  supply,  by  the  board  of  water  sup- 
ply to  the  commissioner  of  water  supply,  gas  and  elec- 
tricity of  the  city  of  New  York;  and  at  no  time  shall 
the  commissioner  of  water  supply,  gas  and  electricity 
of  the  city  of  New  York  and  the  board  of  water  supply 
of  said  city  have  or  exercise  concurrent  powers  or  san- 
itary control  over  the  sources  of  potable  water  supply 


Potable  Waters  67 

tributary    to    the    Catskill    aqueduct.       (Added    by    L. 
1915,   ch.   6*65,   in  effect  May  20,   1915.) 

§   74.  Discharge  of  sewage  into  Wallkill  creek  pro-  Discharge 
hibited.    No  person  or  corporation  shall  permit  the  dis-  of    se^af,e 
charge  or  escape  of  any  sewage,  or  other  matter  dele-  km    creek 
terious  to  public  health,  or  destructive  to  fish,  or  throw 
or  cast  any  dead  animal,  carrion  or  offal,  or  other  putrid 
or  offensive  matter  into  the  waters  of  the  Wallkill  creek, 
in  the  counties  of  Ulster  and  Orange.     Any  person  vio- 
lating any  provision  of  this  section  shall  forfeit  to  the 
county  where  the  violation  occurred  the   sum  of  fifty 
dollars  for  every  such  violation. 

§  75.  Discharge  of  sewage  into  the  Susquehanna  near  Discharge 

of       S0WELS6 

Binghamton  prohibited.    No  person  or  corporation  shall  into  the 
cause  to  fall,  flow  or  discharge  into  the  Susquehanna  susque- 

'  °  ^  hanna    near 

river  or  any  of  its  tributaries,  between  the  Rock  Bottom  Bingham- 
dam  in  such  river  at  the  city  of  Binghamton,  and  a  hibited 
point  one  mile  east  of  the  bridge  that  crosses  such  river 
at  Conklin,  any  sewage  matter,  or  other  foul,  noxious  or 
deleterious,  solid  or  liquid  matter,  or  any  matter  that 
may  be  declared  such  by  the  board  of  health  of  any 
municipality  adjacent  to  such  river  within  such  limit. 
The  board  of  health  of  any  such  municipality  shall  ex- 
amine into  any  alleged  offense  against  this  section  and 
cause  the  same  to  be  abated,  if  found  to  exist.  Every 
person  violating  any  provision  of  this  section  shall  for- 
feit to  the  municipality  having  a  local  board  of  health 
where  the  violation  occurs  the  sum  of  twenty-five  dollars 
for  the  first  day  when  the  violation  takes  place,  and  the 
sum  of  ten  dollars  for  every  subsequent  day  that  such 
violation  is  repeated  or  continued. 

§  76.     Discharge   of   sewage   and   other   matter   into  Discharge 
certain  waters  prohibited.     No  person,   corporation   or  and^other 
municipality,  shall  place  or  cause  to  be  placed,  or  dis-  matter  int0 
charge  or  cause  to  be  discharged  into  any  of  the  waters  waters 
of    this    state,    in    quantities    injurious    to    the    public  pro 
health,  any   sewage,  garbage,   offal,   or   any   decompos- 


68  The  Public  Health  Manual 

able  or  putrescible  matter  of  any  kind  or  the  effluent 
from  any  sewage  disposal  plant,  or  any  substance, 
chemical  or  otherwise,  or  any  refuse  or  waste  matter, 
either  solid  or  liquid,  from  any  sewer  or  drainage  sys- 
tem, or  from  any  shop,  factory,  mill  or  industrial  estab- 
lishment; unless  express  permission  to  do  so  shall  have 
been  first  given  in  writing  by  the  state  commissioner 
of  health  as  provided  in  this  article,  except  as  herein- 
Exceptions  after  provided.  But  this  section  shall  not  prevent  the 
discharge  of  sewage  from  any  public  sewer  system 
owned  and  maintained  by  a  municipality  until  an  order 
prohibiting  same  shall  be  made  as  hereinafter  provided, 
or  the  discharge  of  refuse  or  waste  matter  from  any 
shop,  factory,  mill  or  industrial  establishment,  if  such 
sewer  system  was  in  operation  and  was  discharging 
sewage,  or  such  shop,  factory,  mill  or  industrial  estab- 
lishment was  in  operation  and  discharging  refuse  or 
waste  matter,  into  any  of  the  waters  of  this  state  on 
or  prior  to  May  seventh,  nineteen  hundred  and  three, 
and  such  municipality  or  the  proprietor  of  such  shop, 
factory,  mill  or  industrial  establishment  secured  ex- 
emption from  this  section  by  filing  a  report  with  the 
state  commissioner  of  health  in  accordance  with  law, 
nor  to  any  extension  or  modification  of  such  shop,  fac- 
tory, mill  or  industrial  establishment,  or  reconstruc- 
tion thereof,  provided  the  refuse  or  waste  matter  dis- 
charged therefrom  is  not  materially  changed  or  in- 
creased; but  this  exception  shall  not  permit  any  in- 
crease in  the  discharge  of  such  sewage,  or  in  the  dis- 
charge of  refuse  or  waste  matter  from  any  shop, 
factory,  mill  or  industrial  establishment,  nor  shall  it  per- 
mit the  discharge  of  sewage  from  a  sewer  system 
which  shall  be  extended,  modified  or  reconstructed 
subsequent  to  said  date.  (Am'd  by  L.  1911,  ch.  553,  in 
effect  June  30,  1911.) 

§  76-a.     Order   to    discontinue   pollution    of    waters. 
Whenever   the   state  commissioner  of  health   shall   de- 


Potable  Waters  69 

termine  upon  investigation  that  sewage  from  any  city,  Order   to 
village,   town,   building,    steamboat   or    other   vessel,   or  tinue 
property,  or  any  garbage,  offal  or  any  decomposable  or  P°llutl0n  vf 
putrescible  matter  of  any  kind  is  being  discharged  into  investiga- 
any  of  the  waters  of  the  state,  which  shall  include  all  commis-e 
streams    and    springs    and    all    bodies    of    surface    and  f*011"    of 
ground  water,  whether  natural  or  artificial,  within  or 
upon   the  boundaries    of   the    state,    and   when,   in   the 
opinion  of  the  state  commissioner  of  health,  such  dis- 
charge is  polluting  such  waters  in  a  manner  injurious 
to,  or  so  as  to  create  a  menace  to  health,  or  so  as  to 
create  a  public  nuisance,  he  may  order  the  municipality, 
corporation  or  person  so  discharging  sewage,  refuse  or 
other  matter,  to  show  cause  before  him  why  such  dis- 
charge should  not  be  discontinued.     A  notice  shall  be  Notice  to 

.  munici- 

served  on  the  municipality,  corporation  or  person  so  paiity,  cor- 
discharging  sewage,  refuse  or  other  matter,  directing  pe™onontoor 
such  municipality,  corporation  or  person  to  show  cause  show  cause 
before  the  said  state  commissioner  of  health  on  a  date  should,  not 
specified   in    such   notice   why   an   order   should    not   be  ]??  ™*de 

i  "J  directing 

made    directing    the    discontinuance    of    such    discharge,  aiscon- 
Such  notice  shall  specify  the  time  when  and  the  place  discharge 
where  a  public  hearing  will  be  held  by  the  state  com-  refusTor6' 
missioner   of   health   and   notice   of   such   hearing   shall  other 
be  published  at  least  twice  in  a  newspaper  of  the  city, 
village,  town  or  county  where  such  discharge  occurs,  and 
shall  be  served  personally  or  by  mail  at  least  fifteen 
days  before  said  hearing  and  in  the  case  of  a  munici- 
pality or  a  corporation  such  service  shall  be  upon  an 
officer  thereof.     The  state  commissioner  of  health  shall  Evidence 
take   evidence   in   regard   to   said   matter   and  he   may  taken  by 

issue  an  order  to  the  municipality,  corporation  or  per-  st*te.  com" 

"         •> '  r  r         missioner 

son  responsible  for  such  discharge,  directing  that  within  ot  health 
a    specified    period    of   time    thereafter    such    discharge 
be  discontinued,  and  such  proper  method  of  treatment 
or    disposal    of    such    sewage,    refuse    or    waste    matter 
be    adopted    as    will    permanently    obviate    such    pollu- 


70 


The  Public  Health  Manual 


Order 
to  be 
approved 
by    the 
governor 
and    the 
attorney- 
general 


Sewage 
defined 


Permission 
to   dis- 
charge 
sewage 


tion  of  said  waters  by  the  municipality,  corporation 
or  person  responsible  therefor  and  as  shall  be  approved 
by  said  commissioner.  Such  order  shall  not  be  valid 
until  approved  by  the  governor  and  the  attorney-gen- 
eral, and  when  so  approved  it  shall  be  the  duty  of  the 
attorney-general  to  enforce  such  order.  Such  means 
or  method  for  the  treatment  or  disposal  of  sewage, 
refuse  or  other  matter  must  be  executed,  completed  and 
put  in  operation  within  the  time  fixed  in  the  order. 
The  state  commissioner  of  health  shall  have  authority 
to  require  from  the  officials,  and  persons  responsible 
for  the  execution  of  such  orders  satisfactory  evidence 
at  specified  times  of  proper  progress  in  the  execution 
of  such  orders,  and  may  stipulate  and  require  that 
certain  definite  progress  shall  be  made  at  certain 
definite  times  prior  to  the  final  date  fixed  in  the 
order.  For  the  purposes  of  this  article  sewage  shall 
be  defined  as  any  substance,  solid  or  liquid  that 
contains  any  of  the  waste  products  or  excrementi- 
tious  or  other  wastes  or  washings  from  the  bodies  of 
human  beings  or  animals.  But  this  section  shall  not 
apply  to  refuse  or  waste  matter  from  any  shop,  fac- 
tory, mill  or  industrial  establishment  not  containing 
sewage  as  hereinbefore  defined.  (Added  by  L.  1911, 
ch.   553,  in  effect  June  30,   1911.) 

§  77.  Permission  to  discharge  sewage.*  Upon  appli- 
cation duly  made  to  the  state  commissioner  of  health 
by  the  public  authorities  having  by  law  the  charge  of 
the  sewer  system  of  any  municipality,  the  state  com- 
missioner of  health  shall  have  power  to  consider  the 
case  of  a  sewer  system  otherwise  prohibited  by  sec- 
tion seventy-six  from  discharging  sewage  into  any  of 
the  waters  of  the  state,  and  whenever  in  his  opinion  the 
general    interests    of    the   public   health    would   not    be 


*  Copy  of  the  rules  and  regulations  adopted  by  the  Department 
governing  the  submission  of  plans  for  sewerage  systems  and  disposal 
works  may  be  had  by  writing  the  Department. 


Potable  Waters  71 

endangered  thereby  he  may  issue  a  permit  for  the 
discharge  of  sewage  from  any  such  sewer  system  into 
any  of  the  waters  of  the  state,  and  may  stipulate  in 
the  permit,  modifications,  regulations  and  conditions 
on  which  such  discharge  may  be  permitted.  Such  ap- 
plication must  be  made  in  a  form  required  by  the  state 
commissioner  of  health  and  he  may  require  such  plans  Plans  for 
and  information  to  be  furnished  him  as  he  deems  ad-  tems,  sew- 
visable.     The  plans  for  the  construction  of  any  sewer  age  ,dls" 

r  J  posal 

system  or  sewage  disposal  plant  or  for  the  extension,  plants  ana 
reconstruction    or    modification    of    sewers,    sewer    sys-  skm.^re- 
tems  or  sewage  disposal  plants  shall  be  so  submitted  construc- 
with   application   for  their   approval,   and   a   permit   as  modifica- 
herein   provided.      Such   permit   before   being   operative  s^e  to  be 
shall   be    recorded   in   the   county   clerk's    office   of   the  submitted 

^  for  ap- 

county  wherein  the  outlet  of  the  said  sewer  system  is  provai 
located,  and  a  copy  of  the  permit  shall  be  transmitted 
by  the  state  commissioner  of  health  to  the  board  of 
health  of  the  municipality  wherein  the  outlet  of  said 
sewer  system  is  located.  (Am'd  by  L.  1911,  ch.  553,  in 
effect  June  30,  1911.) 

§  78.  Permission  to  discharge  refuse  or  waste  matter  permis-  . 
from  industrial  establishments.  Upon  application  duly  ^charge 
made  to  the  state  commissioner  of  health  by  the  pro-  refuse    or 

waste 

prietor,  lessee  or  tenant  of  any  shop,  factory,  mill  or  matter 
industrial   establishment  from  which  the   discharge   of  ^s^riaT7 
refuse  or  waste  matter  into  any  of  the  waters  of  the  estabiisn- 
state  is  otherwise  prohibited  by  section  seventy-six,  the 
state  commissioner  of  health  shall  have  power  to  con- 
sider the  case  of  the  said  shop,  factory,  mill  or  indus- 
trial establishment,  and  whenever  the  public  health  and 
purity  of  the  waters  shall  warrant  it,  he  shall  issue  a 
permit  for  the  discharge  of  refuse  or  waste  matter  from 
such  shop,  factory,  mill  or  industrial  establishment  into 
any  of  the  waters  of  the  state,  and  may  stipulate  in  the 
permit  such  modifications,  regulations  and  conditions  aa 
the   public   health   may   require.       Such   permit   before 


72  The  Public  Health  Manual 


being  operative  shall  be  recorded  in  the  county  clerk's 
office  of  the  county  where  such  shop,  factory,  mill  or 
industrial  establishment  is  located  and  a  copy  of  such 
permit  shall  be  transmitted  by  the  s*tate  commissioner 
of  health  to  the  board  of  health  of  the  municipality 
wherein  the  outlet  discharging  refuse  or  waste  matter 
from  such  shop,  factory,  mill  or  industrial  establish- 
ment shall  be  located. 

§  79-.  Plans  for  refuse  discharge  pipes  must  be  sub- 
mitted.    Before  any  conduit  or  discharge  pipe,  or  other 


Plans    for 
refuse     dis- 
charge 


pipes    must  means   of  discharging   or   casting   any  refuse   or  waste 
mitted  matter  from  any  shop,  factory,  mill  or  industrial  estab- 

lishment not  constructed  or  in  process  of  construction 
on  May  seventh,  nineteen  hundred  and  three,  shall  be 
put  in  or  constructed  for  the  purpose  of  discharging 
any  refuse  or  waste  matter  therefrom  into  any  waters 
in  this  state,  the  plan  or  plans  therefor,  together  with 
a  statement  of  the  purpose  for  which  the  same  is  to  be 
used,  shall  be  submitted  to  the  commissioner.  If  the 
same  is  not  detrimental  to  the  public  health  he  shall 
issue  a  permit  therefor  to  the  applicant.  No  such  con- 
duit, discharge  pipe  or  other  means  of  discharging  or 
casting  any  refuse  or  waste  matter  from  any  such  shop, 
factory,  mill  or  establishment  into  any  of  the  waters  of 
this  state  shall  be  put  in  or  constructed  before  such 
permit  is  granted,  and  if  put  in  or  constructed,  the 
person  putting  in  or  constructing  or  maintaining  the 
same  shall  forfeit  to  the  people  of  the  state  five  dollars 
a  day  for  each  day  the  same  is  used  or  maintained  for 
such  purpose,  to  be  collected  in  an  action  brought  by 
the  commissioner.  He  may  also  maintain  an  action 
in  the  name  of  the  people  to  restrain  a  violation  of 
this  section. 
Revoca-  §  80.  Revocation  of  permit.-    Every  such  permit  for 

permit  the  discharge  of  sewage  from  a  sewer  system  or  for  the 

discharge  of  refuse  or  waste  matter  from  a  shop,  fac- 
tory, mill  or  industrial  establishment,  shall  when  nece3- 


Potable  Waters  73 

sary  to  conserve  the  public  health,  be  revocable  or  sub- 
ject to  modification  or  change  by  the  state  commissioner 
of  health  on  due  notice  after  an  investigation  and  hear- 
ing and  an  opportunity  for  all  interested  therein  to  be 
heard  thereon  being  served  on  the  public  authorities  of 
the  municipality  owning  and  maintaining  the  sewer 
system,  or  on  the  proprietor,  lessee  or  tenant  of  the 
shop,  factory,  mill  or  industrial  establishment.  The 
length  of  the  time  after  receipt  of  the  notice  within 
which  the  discharge  of  sewage  or  of  refuse  or  waste 
matter  shall  be  discontinued  may  be  stated  in  the  per- 
mit, but  in  no  case  shall  it  exceed  two  years  in  the  case 
of  a  sewer  system,  or  one  year  in  the  case  of  a  shop, 
factory,  mill  or  industrial  establishment,  and  if  the 
length  of  time  is  not  specified  in  the  permit,  it  shall  be 
one  year  in  the  case  of  a  sewer  system  and  six  months 
in  the  case  of  a  shop,  factory,  mill  or  industrial  estab- 
lishment. On  the  expiration  of  the  period  of  time  pre- 
scribed after  the  service  of  a  notice  of  revocation,  modi- 
fication or  change  from  the  state  commissioner  of  health, 
the  right  to  discharge  sewage  or  refuse  or  waste  matter 
into  any  of  the  waters  of  the  state  shall  cease  and 
terminate  and  the  prohibition  of  section  seventy-six  of 
this  article  against  such  discharge  shall  be  in  full  force 
as  though  no  permit  had  been  granted,  but  a  new  permit 
may  thereafter  again  be  granted  as  hereinbefore  pro- 
vided. 

§  81.  Reports  of  municipal  authorities  to  local  boards  Reports  of 

,  ,  ,  municipal 

of  health.    The  report  of  the  public  authorities  having  authorities 
by  law  charge  of  the  sewer  system  of  every  municipality  boards*11  of 
in  the  state,  from  which  sewer  system  sewage  was  being  health 
discharged  into  any  of  the  waters  of  the  state  on  May 
seventh,  nineteen  hundred  and  three,  transmitted  by  the 
board  of  health  of  the  municipality  within  which  any 
sewer  outlet  of. the  said  sewer  system  is  located  to  the 
state  commissioner   of  health  and  filed  by  him   in  his 
office,  shall  constitute  the  evidence  of  exemption  from 


74 


The  Public  Health  Manual 


Reports     of 
proprietors 
of   indus- 
trial   estab- 
lishments 


Records    of 
permits; 
inspection 
of    local 
boards   of 
health 


the  prohibition  of  section  seventy-six  of  this  article.  No 
sewer  system  shall  be  exempt  from  the  prohibition  of 
said  section  against  the  discharge  of  sewage  into  the 
waters  of  the  state  for  which  a  satisfactory  report  shall 
not  have  been  filed  in  the  office  of  the  state  commissioner 
of  health  in  accordance  with  laws  of  nineteen  hundred 
and  three,  chapter  four  hundred  and  sixty-eight. 

§  82.  Reports  of  proprietors  of  industrial  establish- 
ments. The  report  of  the  proprietor  of  every  shop, 
factory,  mill  and  industrial  establishment  in  the  state, 
from  which  refuse  or  waste  matter  was  being  discharged 
into  any  of  the  waters  of  the  state  on  May  seventh,  nine- 
teen hundred  and  three,  filed  in  the  office  of  the  state 
commissioner  of  health  shall  constitute  the  evidence  of 
exemption  of  the  shop,  factory,  mill  or  industrial  estab- 
lishment from  the  prohibition  of  section  seventy-six  of 
this  article.  No  shop,  factory,  mill  or  industrial  estab- 
lishment shall  be  exempt  from  the  prohibition  of  said 
section  against  the  discharge  of  refuse  or  waste  matter 
into  the  waters  of  the  state,  for  which  a  report  shall 
not  have  been  made  in  accordance  with  laws  of  nineteen 
hundred  and  three,  chapter  four  hundred  and  sixty- 
eight. 

§  83.  Record  of  permits;  inspection  of  local  boards 
of  health.  Each  board  of  health  shall  preserve  in  its 
office  and  in  a  form  to  be  prescribed  by  the  state  com- 
missioner of  health,  a  permanent  record  of  each  permit 
issued  by  the  state  commissioner  of  health  granting  the 
right  to  discharge  sewage  or  refuse  or  waste  matter  into 
any  of  the  waters  of  the  state  within  that  municipality 
and  of  each  revocation  of  a  permit;  and  also  a  perma- 
nent record  of  each  report  received  by  the  board  of 
health  concerning  each  sewer  system  and  each  shop, 
factory,  mill  or  industrial  establishment  which  on  May 
seventh,  nineteen  hundred  and  three,  was  discharging 
sewage  or  refuse  or  waste  matter  into  any  of  the  waters 
of  the  state  within  that  municipality.    Each  local  board 


Potable  Waters  75 

of  health  shall  make  and  maintain  such  inspection  as 
will,  at  all  times,  enable  it  to  determine  whether  section 
seventy-six  of  this  article  is  being  complied  with  in 
respect  to  the  discharge  of  sewage,  refuse  or  waste  mat- 
ter or  other  materials  prohibited  by  said  section,  into 
any  of  the  waters  of  the  state  within  that  municipality. 
For  the  purpose  of  such  inspection  every  member  of 
such  board  of  health,  or  its  health  officers,  or  any  person 
duly  authorized  by  it,  shall  have  the  right  to  make  all 
necessary  examinations  of  any  premises,  building,  shop, 
factory,  mill,  industrial  establishment,  process  or  sewer 
system. 

§  84.  Violations;  service  of  notice;  actions.  The  violations; 
local  board  of  health  of  each  municipality  shall  no^ce*- 
promptly  ascertain  every  violation  of,  or  noncompli-  actions 
ance  with,  any  of  the  provisions  of  section  seventy- 
six  of  this  article  or  of  the  permits  for  the  discharge 
of  sewage  or  refuse  or  waste  material  into  any  of  the 
waters  of  the  state  herein  provided,  which  may  oc- 
cur within  that  municipality,  or  the  state  commissioner 
of  health  may  ascertain  such  violations  or  noncompli- 
ance. The  local  board  of  health  shall  on  the  discovery 
of  every  violation  of  or  noncompliance  with  any  of  the 
provisions,  of  said  section  or  of  any  permit  duly  issued, 
report  the  same  in  writing  to  the  said  commissioner 
of  health.  Upon  such  report  from  a  local  board  of 
health  or  upon  ascertaining  such  violation  or  noncom- 
pliance, the  state  commissioner  shall  at  once  give  a 
hearing  to  and  take  the  proof  of  persons  charged  with 
such  violation  or  noncompliance  and  investigate  the 
matter,  and  if  he  finds  a  violation  or  noncompliance  to 
exist  he  may  bring  an  action  in  the  name  of  the  people 
of  the  state  in  a  court  of  record  against  the  person 
or  corporation  responsible  for  the  violation  or  non- 
compliance, for  the  recovery  of  the  penalties  incurred 
and  for  an  injunction  against  the  continuation  of  the 


76  The  Public  Health  Manual 

violation    or    noncompliance.       (Am'd    by    L.    1911,    eh. 
553,  in  effect  June  30,  1911.) 

Penalties  §    85.  Penalties.     The    penalty   for   the    discharge    of 

sewage  from  any  public  sewer  system  into  any  of  the 
waters  of  the  state  without  a  duly  issued  permit  for 
which  a  permit  is  required  by  this  article  shall  be  five 
hundred  dollars,  and  a  further  penalty  of  fifty  dollars 
per  day  for  each  day  the  offense  is  maintained.  The 
penalty  for  the  discharge  of  sewage  from  any  public 
sewer  system  into  any  of  the  waters  of  the  state  without 
filing  a  report  for  which  a  report  is  required  to  be  filed 
with  the  board  of  health  of  the  municipality  shall  be 
fifty  dollars.  The  penalty  for  the  discharge  of  refuse 
or  waste  matter  from  any  shop,  factory,  mill  or  indus- 
trial establishment  for  which  a  permit  is  required  by 
this  article,  without  such  permit  shall  be  one  hundred 
dollars  and  ten  dollars  per  day  for  each  day  the  offense 
is  maintained.  The  penalty  for  the  discharge  of  refuse 
or  waste  matter  from  any  shop,  mill,  factory  or  indus- 
trial establishment,  without  filing  a  report  where  a  re- 
port is  required  by  this  article  to  be  filed  shall  be 
twenty-five  dollars  and  five  dollars  per  day  for  each  day 
the  offense  is  maintained.  The  penalty  for  discharging 
into  any  of  the  waters  of  the  state  any  other  matter 
prohibited  by  section  seventy-six  of  this  article,  besides 
that  specified  above,  shall  be  twenty-five  dollars  and  five 
dollars  per  day  for  each  day  the  offense  is  maintained. 

construe-  r  g6    Constructions  and  limitations  made  by  sections 

tions     and  .  .  . 

limitations  seventy-six  to  eighty-five,  inclusive.  Nothing  in  sec- 
sections7  tions  seventy-six  to  eighty-five  inclusive  shall  be  con- 
seventy-  strued  to  diminish  or  otherwise  to  modify  the  common 
eighty-five,  law  rights  of  riparian  owners  in  the  quality  of  waters 
inclusive       ^  gtreams  COvered  by  such  rights,  nor  in  the  case  of 

actions  brought  against  the  pollution  of  waters  to  limit 

their  remedy  to  indemnities. 

§  87.  Actions  by  municipalities  to  prevent  discharge 

of  sewage  into  waters.    Any  incorporated  city  or  village 


Potable  Waters  77 

in  the  state  of  New  York,  which  has  made  such  provi-  Actions  by 

■  munici- 

sion  for  the  disposal  of  its  sewage  as  not  to  pollute  or  panties  to 
contaminate  therewith  any  river,  stream,  lake  or  other  SJfSwge 
body  of  water,  may  have  and  maintain  an  action  in  the  pf  sewage 
supreme  court  to  prevent  the  discharge  of  any  sewage 
or  substance  deleterious  to  health,  or  which  shall  injure 
the  potable  qualities  of  the  water  in  any  river,  stream, 
lake  or  other  body  of  water,  from  which  such  incorpo- 
rated city  or  village  shall  take  or  receive  its  water  sup- 
ply, provided,  that  such  river,  stream,  lake  or  other 
body  of  water  is  wholly,  or  in  part,  within  the  bounda- 
ries of  the  county  in  which  such  plaintiff  is  located. 
Whenever  such  action  shall  be  brought  under  the  pro- 
visions of  this  section,  it  shall  be  the  duty  of  the  su- 
preme court  upon  proof  of  the  existence  of  facts  justi- 
fying the  bringing  and  maintenance  of  such  action 
under  the  provisions  of  this  section  to  render  a  judg- 
ment in  which  shall  be  incorporated  a  mandatory  in- 
junction requiring  the  person,  body,  board,  corporation; 
municipality,  village,  county  or  town,  being  a  defendant 
to  said  action  which  directly  or  indirectly,  or  by  its 
servants,  agents  or  officers  shall  discharge  or  dispose 
of  its  sewage,  or  any  other  substance  deleterious  to 
health  or  which  shall  injure  the  potable  qualities  of 
the  water  in  such  wise  as  that  the  same  shall  enter  into 
any  river,  stream,  lake  or  other  body  of  water,  from 
which  such  plaintiff  shall  take  or  receive  its  water  sup- 
ply, within  such  reasonable  time  as  may  be  prescribed 
by  the  court,  to  take  such  action  as  shall  prevent  such 
discharge  or  the  disposal  of  such  sewage  or  other  sub- 
stance into  such  waters,  or  the  pollution  thereof,  with 
such  further  directions  in  the  premises  as  may  be 
proper  and  desirable  to  effect  such  purpose,  provided 
that  such  river,  stream,  lake  or  other  body  of  water  is 
wholly,  or  in  part,  within  the  boundaries  of  the  county 
in  which  such  plaintiff  is  located.  But  no  such  action 
shall  be  brought  as  provided  for  in  this  section  until  the 


8  The  Public  Health  Manual 

state  department  of  health  has  examined  and  deter- 
mined whether  the  sewage  does  pollute  or  contaminate 
the  river,  stream,  lake  or  other  body  of  water  into 
which  said  sewage  is  discharged.  The  expense  of  such 
examination  by  said  department  shall  be  a  charge  upon 
and  paid  by  the  municipality  in  whose  interest,  and  on 
whose  behalf  such  examination  is  made.  In  case  the 
state  department  of  health  shall  find  upon  examination 
that  the  discharge  of  said  sewage  does  pollute  or  con- 
taminate said  waters  or  any  of  them  in  such  manner  as 
to  be  of  menace  or  danger  to  the  health  of  those  using 
said  waters,  the  plans  for  the  removal  or  disposal  of 
the  sewage  ordered  to  be  prepared  by  the  court  as  pro- 
vided in  this  section  shall  be  submitted  to  the  state 
department  of  health  for  its  approval. 

ARTICLE   VI 

Quarantine  at  the  port  of  New  York* 
Section  100.  Quarantine  commissioners  abolished;  powers 
conferred  on  health  officer. 

101.  Other  officers  and  employees. 

102.  Meetings;  report. 

103.  Custody  of  quarantine  establishment. 

104.  Quarantine  establishment. 

105.  Docks  and  wharves. 

106.  Anchorage. 

107.  Boarding  station. 

108.  The  Swinburne  island  hospital. 

109.  Crematory. 

110.  Remains  of  persons  cremated. 

111.  Burying  ground. 

Quaratine         §  100.  Quarantine    commissioners   abolished;    powers 
commis-       conferred   on  health   officer.     On   and  after  June   first, 

sioners  m~  ^ 

abolished      nineteen  hundred  and  nine,  the  office  of  commissioner 


*  See  p.  82 


Quarantine  at  the  Port  of  New  York  79 

of  quarantine  at  the  port  of  New  York  and  the  board 

of   commissioners    of    quarantine    at   the    port    of    New  powers 

York  shall  be  abolished;  and  all  the  powers  and  duties  ^"^heaith 

heretofore  possessed  by  or  imposed  upon  the  commis-  officer  of 

sioners  of  quarantine  at  the  port  of  New  York,  upon 

a  commissioner  of  quarantine  at  the  port  of  New  York 

and  upon  the  board  of  commissioners  of  quarantine  at 

the  port  of  New  York  shall  on  and  after  such  date  be 

conferred  and  imposed  upon  the  health  officer  for  the 

port  of  New  York.     (Am'd  by  L.  1909,  ch.  375.) 

§  101.  Other  officers  and  employees.     (Repealed.) 

§    102.    Meetings;    report.      (Repealed.) 

§  103.  Custody  of  quarantine  establishment.  The  custody  of 
health  officer  shall  be  the  custodian  of  the  quarantine  establish- * 
establishment  to  be  held  by  him  in  trust  for  the  people  ment 
of  the  state,  in  accordance  with  the  provisions  of  this 
chapter.  He  may  make  such  rules  and  regulations  not 
inconsistent  with  law  as  they  *  shall  deem  necessary  for 
the  care  and  protection  of  each  portion  of  the  quaran- 
tine establishment;  for  the  government  of  the  em- 
ployees therein;  for  the  regulation  of  the  conduct  of  all 
quarantinable  persons  and  shall  pay  all  salaries  of  per- 
sons appointed  by  him  at  Hoffman  and  Swinburne 
islands  from  money  appropriated  by  the  state.  He  shall 
collect  from  the  owners,  agents  or  consignees  of  vessels 
all  bills  for  the  care  and  maintenance  of  persons  detained 
in  quarantine,  and  shall  have  power  to  enforce  such 
payment  by  process  of  law  against  the  vessel  upon  which 
such  detained  persons  have  arrived,  or  against  the 
agents,  or  owners,  or  consignees  of  such  vessels,  and, 
in  case  of  an  emergency  arising,  shall  use  all  means 
conducive  to  the  protection  of  the  public  health,  and 
if  the  balance  in  the  contingent  fund  is  insufficient 
therefor,  may,  with  the  approval  of  the  governor  and 
notwithstanding  the  provisions  of  section  thirty-seven 


*  So  in  original 


80 


The  Public  Health  Manual 


Quarantine 
establish- 
ment 


Docks    and 
wharves 


Anchorage 


Boarding 
station 


of  the  state  finance  law,  expend  such  portion  of  the 
fees  collected  by  him  as  may  be  needed.  If  such  expendi- 
ture is  made  the  health  officer  shall  render  to  the  state 
comptroller  on  or  before  the  fifth  day  of  the  succeeding 
month  a  sworn  itemized  statement  of  all  such  expendi- 
tures made  during  the  preceding  calendar  month. 
(Am'd  by  L.  1900,  ch.  375  and  L.  1910,  ch.  425,  in 
effect  Oct   1,   1910.) 

§  104.  Quarantine  establishment.  Quarantine  for  the 
protection  of  public  health  shall  be  maintained  in  and 
for  the  port  of  New  York,  for  all  vessels  arriving 
thereat  from  other  ports,  and  for  ^the  crews,  passengers, 
equipage,  cargoes  and  other  property  on  board  the  same. 
The  quarantine  establishment  at  such  port  shall  con- 
sist of: 

1.  Docks  and  wharves. 

2.  Anchorage  for  vessels. 

3.  Stationary  hospital. 

4.  Boarding  station. 

5.  Crematory. 

6.  Residence  for  officers  and  men. 

7.  Such  other  places  and  structures  as  have  been  or 
may  be  authorized  by  law  for  quarantine  purposes. 

§  105.  Docks  and  wharves.  The  existing  docks  and 
wharves  with  their  appurtenances  shall  be  maintained, 
and  if  any  such  additional  structures  are  required,  they 
shall  be  constructed  at  such  expense  and  in  such  place 
in  the  lower  bay  of  New  York,  as  the  health  officer  may 
determine,  with  the  approval  of  the  commissioners  of 
the  land  office.     (Am'd  by  L.  1909,  ch.  375.) 

§  106.  Anchorage.  The  anchorage  for  vessels  under 
quarantine  shall  be  within  the  waters  of  New  York 
harbor  at  such  place  as  may  be  designated  by  the  health 
officer.     (Am'd  by  L.  1909,  ch.  375.) 

§  107.  Boarding  station.  The  boarding  station  for 
vessels  from  any  place  where  disease  subject  to  quaran- 


Quarantine  at  the  Port  of  New  York  81 

tine  existed  at  the  time  of  their  departure,  or  which 
shall  have  stopped  at  any  such  place  during  their 
voyage,  or  on  board  of  which  during  the  voyage  any 
case  of  such  disease  shall  have  occurred,  arriving  be- 
tween the  first  day  of  April  and  the  first  day  of 
November,  shall  be  at  such  place  as  the  health  officer 
may  designate.  And  all  such  vessels  immediately  on 
their  arrival  shall  anchor  where  directed  and  there  re- 
main with  all  persons  arriving  thereon  until  discharged 
by  the  health  officer.     (Am'd  by  L.  1909,  ch.  375.) 

§  108.  The  Swinburne  island  hospital.  The  Swin-  Swinburne 
burne  island  hospital  in  the  lower  bay  of  New  York,  ^slan.^ 
with  its  docks,  wharves  and  appurtenances,  shall  be 
kept  in  the  discretion  of  the  health  officer  in  con- 
dition for  use  as  a  hospital  for  the  reception  of 
persons  sick  with  infectious  diseases,  arriving  in 
quarantinable  vessels,  and  shall  be  provided  with  all 
necessary  furniture,  fixtures  and  other  facilities  for 
the  care  of  the  sick,  and  for  the  prompt  and  efficient 
discharge  of  the  duties  of  the  health  officer.  The  ex- 
pense of  the  care  and  the  support  of  every  person 
received  into  such  hospital  shall  be  fixed  and  determined 
by  the  health  officer,  and  shall  be  paid  to  him  by  the 
master,  owner  or  consignee  of  the  vessel  in  which  such 
person  shall  have  arrived,  and  the  payment  thereof 
may  be  enforced  by  the  same  remedies  as  the  payment 
cf  other  quarantine  charges.  The  structures  on  Hoffman 
island  now  used  for  that  purpose  shall  continue  to  be 
used  for  the  reception  and  temporary  detention  of 
persons  under  quarantine  who  have  been  exposed  to 
infectious  diseases  and  who  may  be  sent  there  by  the 
health  officer  pursuant  to  law.  And  the  health  officer 
shall  use  every  effort  to  maintain  this  island  and  the 
buildings  thereon  in  the  best  possible  condition  for  the 
safe  and  comfortable  occupancy  of  detained  persons, 
and  shall  provide  appliances  for  the  cleansing  and  the 
disinfection  of  persons,  baggage,  and  other  goods.  (Am'd 


82 


The  Public  Health  Manual 


Crematory 


persons 
cremated 


by  L.  1909,  ch.  375,  and  L.  1917,  ch.  344,  in  effect  May 
3,  1917.) 

§  109.  Crematory.  The  health  officer  shall  maintain 
upon  Swinburne  island,  in  the  harbor  of  New  York,  a 
crematory  of  such  form  and  construction  as  he  may  deem 
advisable.  He  shall  cause  to  be  incinerated  therein  the 
bodies  of  persons  dying  at  the  quarantine  hospital  from 
infectious  diseases,  except  of  persons  whose  religious 
views  as  communicated  by  them  while  living,  or  by  their 
friends  within  twenty-four  hours  after  their  decease,  are 
opposed  to  cremation.  (Am'd  by  L.  ^909,  ch.  375.) 
Remains  of  §  110.  Remains  of  persons  cremated.  The  remains  of 
persons  cremated  upon  Swinburne  island  shall  be  placed 
in  receptacles  provided  by  the  health  officer  for  this 
purpose,  and  the  same  shall  be  properly  labeled  for 
identification  and  the  health  officer  shall  deliver  such 
receptacles  to  the  proper  claimants,  when  such  appear, 
and  when  no  such  claimant  is  known,  shall  place  the 
receptacle  in  a  proper  place  to  be  provided  for  thi9 
purpose.      (Am'd  by  L.  1909,  ch.  375.) 

§  111.  Burying  ground.  The  health  officer  may  make 
use  of  such  parts  of  Swinburne  island  in  the  harbor  of 
New  York,  as  they*  may  find  necessary  for  the  inter- 
ment of  the  bodies  of  persons  dying  at  the  quarantine 
hospital  from  infectious  diseases,  which  are  not  au- 
thorized to  be  cremated  or  which  may  not  be  designated 
for  cremation.      (Am'd  by  L.  1909,  ch.  375.) 


Burying 
ground 


Creation  of  commission  to  negotiate  transfer  of  quaran- 
tine station  to  United  States. 
Commis-  Section  1.  A  commission  is  hereby  created  consisting 

negotiate  of  the  governor,  lieutenant-governor,  attorney-general, 
Quarantine1  comptroller  and  state  engineer  and  surveyor,  to  nego- 
station   to    tiate  with  the  proper  authorities  of  the  United  States 

United  r 

States  ;        ~         " 

*  So  in  original 


Quarantine  at  the  Port  of  New  York 

for  the  transfer  of  title  or  the  surrender  of  the  posses- 
sion and  use  to  the  United  States,  upon  the  payment 
of  such  compensation  as  may  be  agreed  upon,  of  the 
quarantine  establishment  of  this  state,  consisting  of 
docks  and  wharves,  anchorage  for  vessels,  stationary 
hospital,  boarding  station,  crematory,  residence  for 
officers  and  men,  and  such  other  places  and  structures 
as  have  been  authorized  by  law  for  quarantine  pur- 
poses. If  such  agreement  be  made,  such  commission 
shall  have  power  to  execute  and  deliver  to  the  proper 
authorities  of  the  United  States,  in  behalf  of  this  state, 
all  deeds  and  other  instruments  necessary  to  effectuate 
such  transfer  or  surrender. 

§  2.  Upon  the  completion  of  such  transfer  or  surren- 
der, such  commission  shall  file  a  certificate  thereof,  in 
duplicate,  in  the  offices  of  the  secretary  of  state  and 
state  comptroller,  and  thereupon  the  office  of  health 
officer  for  the  port  of  New  York  shall  be  abolished, 
and  the  terms  of  office  of  the  health  officer  for  the  port 
of  New  Y"ork  then  in  office  and  of  all  his  subordinate 
officers  and  employees  shall  terminate. 

§  3.  Upon  the  transfer  of  title  or  the  surrender  of 
the  possession  and  use  of  the  quarantine  establishment 
to  the  United  States  pursuant  to  this  act,  jurisdiction 
of  the  land  and  water  included  in  such  establishment 
shall  be  ceded  to  the  United  States  by  this  state,  on 
condition  that  the  jurisdiction  so  ceded  shall  not  pre- 
vent the  execution  thereon  of  any  process,  civil  or  crim- 
inal, issued  under  the  authority  of  the  state,  except  as 
such  process  might  effect  the  property  of  the  United 
States  therein,  and  that  such  jurisdiction  shall  con- 
tinue in  the  United  States  so  long  only  as  such  land 
and  water  shall  remain  the  property  or  in  the  posses- 
sion of  the  United  States.  (Added  by  L.  1916,  ch.  342, 
in  effect  April  27,  1916.) 


84  The  Public  Health  Manual 

ARTICLE  VII 

Health  officer  of  the  port  of  New  York  f 

Section  120.  Appointment;  salary. 

121.  Residence  and  general  powers. 

122.  Appointment  of  assistants,  nurses,  boatmen 

and    others   employed. 

123.  Examinations;  warrants  for  offenders. 

124.  Boarding  vessels. 

125.  Bills  of  health. 

126.  Effects  of  deceased  persons. 

127.  Department  of  health  of  the  city  of  Xew 

York. 

128.  Power  over  master,  owner  or  consignee  of 

vessel. 

129.  Quarantinable  diseases. 

130.  Quarantinable  vessels  and  period  of  quar- 

antine. 

131.  Detention  for  examination  of  vessels. 

132.  Sanitary  measures;   admission  to  pratique. 

133.  The  yellow  flag. 

134.  Vaccination. 

135.  Duty  of  pilots. 

136.  Removal    of    vessels,    persons    and    things 

from  the  city  of  New  York. 

137.  Payment  of  expenses  of  quarantine. 

138.  Lien  for  services  and  expenses. 

139.  When   master   of  vessel   must  provide   for 

passenger. 

140.  Policemen. 

141.  Confinement  of  offenders. 

142.  Jurisdiction  over  offenses  and  in  actions. 

143.  Special  port  warden. 

144.  Fees    and   compensation,  of    health    officer; 

payment  of  salaries  and  expenses. 

145.  Annual  report. 

t  See  p.  82 


Health  Officer  of  the  Port  of  Xew  York  85 

§  120.  Appointment;  salary.    There  shall  continue  to  Health 
be  a  health  officer  for  the  port  of  Xew  York  appointed  port   of 
by  the  governor,  by  and  with  the   advice  and  consent  ™^in^°rk' 
of  the  senate,  whose  term  of  office  shall  be  four  years,  ment: 
and  who  shall  be  a  doctor  of  medicine  of  good  standing 
of  at  least  ten  years'  experience  in  the  practice  of  his 
profession  and  practically  familiar  with  quarantinable 
diseases.    He  shall  be  paid  by  the  state  an  annual  salary 
of  twelve  thousand  five  hundred  dollars.     (Am'd  by  L. 
1910,  ch.  425,  in  effect  Oct.  1,  1910.) 

§  121.  Residence  and  general  powers.  The  health  Residence 
officer  for  the  port  of  Xew  York  shall  reside  at  quaran-  ^eral 
tine.  He  shall  have  the  general  supervision  and  control  powers 
of  the  quarantine  establishment,  and  the  care  and  treat- 
ment of  the  sick  thereat,  and  shall  carry  into  effect  the 
provisions  of  this  and  the  preceding  article.  He  shall, 
in  the  presence  of  immediate  danger,  of  which  he  shall 
be  the  judge,  take  the  responsibility  of  applying  such 
additional  measures  as  may  be  deemed  indispensable 
for  the  protection  of  the  public  health.  He  may  cause 
to  be  sold  at  public  auction  any  personal  property  con- 
nected with  the  quarantine  establishment  or  otherwise 
subject  to  his  jurisdiction,  which  he  deems  useless.  The 
proceeds  of  such  sale  after  deducting  the  necessary 
expense  thereof  shall  be  paid  by  him  into  the  state 
treasury.  (Am'd  by  L.  1909,  ch.  375  and  L.  1912,  ch. 
109,  in  effect  April  3,  1912.) 

§  122.  Appointment  of  assistants,  nurses,  boatmen  and  App°lnt- 

iai  ment    of 

others  employed.  The  health  officer  may  appoint  and  assistants, 
dismiss  at  pleasure  deputy  health  officers,  a  resident  nurses^etc. 
physician  and  an  engineer  of  the  Swinburne  island  hos- 
pital, and  a  superintendent  and  engineer  of  Hoffman 
island,  who  may  perform,  subject  to  his  direction,  any 
duty  required  of  the  health  officer,  and  for  whose  con- 
duct he  shall  be  responsible.  He  may  appoint  and  dis- 
miss at  pleasure  as  many  nurses,  boatmen  and  other 
employees  as  may  be  necessary  for  the  proper  perform- 


86 


The  Public  Health  Manual 


Examina- 
tions;   war- 
rants   for 
offenders 


Boarding 
vessels 


ance  of  the  duties  of  his  office.  The  compensation  of 
all  persons  employed  under  this  section  shall  be  fixed 
by  the  health  officer  within  the  amounts  appropriated 
therefor.  (Am'd  by  L.  1909,  ch.  375  and  L.  1910,  ch. 
425,  in  effect  Oct.   1,  1910.) 

§  123.  Examinations;  warrants  for  offenders.  The 
health  officer  may  administer  oaths  in  all  examinations 
to  be  conducted  by  him,  or  under  his  direction,  pre- 
scribed by  this  article,  and  relative  to  any  alleged  viola- 
tion of  quarantine  law  or  regulations.  He*  may  issue 
a  warrant  to  any  constable  or  other  citizen  for  the 
pursuit  and  arrest  of  any  person  violating  any  quaran- 
tine law  or  regulation,  or  obstructing  the  health  officer 
in  the  performance  of  his  duty,  and  for  the  delivery  of 
any  person  arrested  to  the  health  officer,  to  be  detained 
in  quarantine  until  discharged  by  him,  not  exceeding 
twenty  days.  Every  constable  or  other  citizen  to  whom 
any  such  warrant  shall  be  delivered  shall  obey  the 
direction  thereof. 

§  124.  Boarding  vessels.  The  health  officer  shall  board 
every  quarantinable  vessel  as  soon  after  her  arrival  as 
practicable,  between  sunrise  and  sunset;  shall  ascertain 
by  the  inspection  of  the  bill  of  health,  manifest,  log 
book  or  otherwise,  as  to  the  health  of  all  persons  on 
board,  and  the  condition  of  the  vessel  and  cargo;  shall 
examine  on  oath  as  many  persons  on  board  or  elsewhere 
as  he  may  deem  expedient  to  enable  him  to  determine 
the  period  of  quarantine  and  the  regulations  to  which 
the  vessel  and  cargo  shall  be  made  subject.  It  shall  be 
the  duty  of  the  health  officers  at  the  several  ports  of 
entry  within  the  state  of  New  York  to  require  the 
masters  of  all  merchant  ships  and  vessels  arriving  at 
said  ports  from  any  foreign  port,  to  present  a  bill  of 
health,  duly  executed  by  the  consul,  vice-consul,  or  other 
consular  officer  of  the  United  States,  or  by  the  medical 
officer  attached  to  the  United  States  consulate  by 
appointment  of  the  United  States  government,   or  the 


Health  Officer  of  the  Poet  of  New  York  87 

representative  of  the  United  States  government  resident 
at  said  port  of  departure,  which  shall  set  forth  the 
sanitary  condition  and  history  of  said  vessel;  also  the 
sanitary  condition  of  the  cargo  and  of  the  crew  and 
passengers;  also  the  sanitary  condition  of  the  food, 
water  and  ventilation  of  said  vessel;  the  number  of 
cases  at  such  port  of  yellow  fever,  plague,  cholera, 
small-pox,  typhus  fever,  relapsing  fever,  scarlatina, 
measles,  diphtheria  and  other  infectious  diseases,  the 
total  number  of  deaths  from  each  of  these  diseases,  and 
from  all  causes  the  week  preceding  the  date  of  said  bill 
of  health,  as  far  as  can  be  ascertained  by  the  said 
consul,  vice-consul  or  other  consular  officer  of  the  United 
States,  or  the  medical  officer  attached  to  such  consulate. 
Said  bill  of  health  shall  contain,  in  addition  to  the 
above,  a  statement  of  any  circumstances  affecting  the 
public  health  in  relation  to  infectious  diseases  at  the 
port  of  departure,  or  the  community  adjacent  thereto. 
Vessels  that  touch  at  other  ports  on  the  passage  shall 
bring  a  bill  of  health  from  each  and  every  port,  or  shall 
have  indorsed  upon  the  original  bill  of  health  by  the 
consul,  vice-consul,  consular  officer  or  medical  officer 
of  the  consulate,  the  facts  and  conditions  of  those  ports 
as  to  the  existence  and  prevalence  of  the  infectious 
diseases  mentioned  in  this  section.  All  persons  coming 
from  or  through  any  foreign  port  or  place  who  may 
arrive  at  the  port  of  New  York,  shall  be  liable  to  an 
examination  by  the  health  officer  or  his  deputies,  as 
regards  their  protection  from  small-pox.  In  case  any 
person  so  arriving  shall  refuse  to  submit  to  such  exam- 
ination, or  upon  such  examination  shall  be  found  not 
sufficiently  protected  from  small-pox,  or  refuses  to  be 
protected  by  vaccination,  such  person,  and  in  case  such 
person  be  a  minor,  then  also  the  .person  having  him  or 
her  under  charge,  shall  be  detained  in  quarantine  until 
he  or  she  shall  have  passed  the  incubative  period  from 
date  of  last  possible  exposure;  and  the  expense  of  such 


S8 


The  Public  Health  Manual 


Bills    of 
health 


Effects  of 
deceased 
persons 


detention  shall  be  chargeable  by  the  health  officer  upon 
the  consignees  or  owners  of  the  vessel  having  such 
person  on  board,  and  such  expenses  as  may  be  incurred 
shall  be  a  lien  upon  such  vessel.  The  master  of  a  vessel 
who  shall  refuse  or  neglect  to  comply  with  the  provisions 
of  this  section  shall  be  guilty  of  a  misdemeanor,  and 
be  punished  by  a  fine  of  not  less  than  one  hundred 
dollars  nor  more  than  five  hundred  dollars.  (Am'd  by 
L.  1909,  ch.  3i7S.) 

§  125.  Bills  of  health.  The  health  officer  shall  require 
the  masters  of  all  merchant  ships  and  vessels  at  such 
port  from  any  foreign  port  to  present  a  bill  of  health, 
duly  executed  by  the  consul,  vice-consul  or  other  con- 
sular officer  of  the  United  States,  or  by  the  medical 
officer  attached  to  the  United  States  consulate,  by  ap- 
pointment of  the  United  States  government,  or  the 
representative  of  the  United  States  government,  resident 
at  such  port  of  departure,  setting  forth  the  sanitary 
condition  of  the  vessel,  its  cargo,  crew,  passengers,  food, 
waters  and  ventilation  and  the  sanitary  history  of  the 
vessel,  the  number  of  cases  at  such  port  of  yellow  fever, 
plague,  cholera,  small-pox,  typhus  fever,  relapsing  fever, 
scarlatina,  measles,  diphtheria  and  other  infectious 
diseases,  the  total  number  of  deaths  from  each  of  these 
diseases,  and  from  all  causes  the  week  preceding  the 
date  of  the  bill  of  health,  as  far  as  can  be  ascertained 
by  the  officer  executing  such  bill  of  health,  and  a  state- 
ment of  any  circumstances  affecting  the  public  health 
in  relation  to  infectious  diseases  at  such  port  of  de- 
parture or  the  community  adjacent  thereto.  Vessels 
touching  other  ports  on  the  passage  shall  also  bring  a 
bill  of  health  from  each  port,  or  shall  have  indorsed  on 
the  original  bill  of  health  by  one  of  such  United  States 
officers  thereat,  the  facts  and  conditions  of  the  ports 
touched,  as  to  the  existence  or  prevalence  there  of  any 
such  infectious  disease. 

§  126.  Effects  of  deceased  persons.  The  health  officer 
shall  secure  the  effects  of  deceased  persons  in  quaran- 


Health  Officer  of  the  Port  of  Xew  York  89 

tine  from  waste  and  embezzlement,  make  a  true  inven- 
tory thereof,  and  if  the  rightful  claimants  thereto  do  not 
appear  within  three  months,  deliver  the  same  to  the 
public  administrator  of  the  city  of  New  York,  unless 
they  ought  not  to  be  removed  or  ought  to  be  destroyed 
under  the  provisions  of  this  article. 

§  127.  Department  of  health  of  the  city  of  New  York.  Depart- 
The  health  officer  shall  keep  the  department  of  health  health  of 
of  the  city  of  New  York  informed  of  the  number  of  cases  city  of 

N  6  w     Y  o  rk 

of  quarantinable  diseases  and  the  character  of  the  same 
held  at  quarantine  and  he  may  receive  any  vessel  or 
merchandise  sent  to  him  by  the  health  authorities  of 
New  York  which  in  his  opinion  is  dangerous  to  the 
public  health. 

§    128.   Power  over  master,   owner   or  consignee   of  Power  over 
vessel.    If  the  master,  owner  or  consignee  of  any  quar-  master> 

°  ,.  r  owner    or 

antinable  vessel  shall  neglect  or  refuse  to  do  any  act  consignee 
or  thing  lawfully  directed  to  be  done  by  the  health 
officer,  or  to  comply  with  any  lawful  order  or  direction 
of  the  health  officer,  or  with  any  regulation  relative  to 
such  vessel  or  any  person  or  thing  on  board  thereof, 
the  health  officer  may  employ  such  assistance  as  may 
be  necessary  to  enforce  any  such  order,  direction  or 
regulation.      (Am'd  by  L.  1909,  eh.  375.) 

§  129.  Quarantinable  diseases.  The  quarantinable  Quarantin- 
diseases  are  yellow  fever,  plague,  cholera,  typhus  or  diseases 
ship  fever  and  small-pox,  and  any  other  infectious 
disease  which  has  been  or  may  be  determined  to  be 
quarantinable  by  the  health  officer.  Persons  with  in- 
sufficient evidence  of  vaccination  and  known  to  have 
been  recently  exposed  to  small-pox,  shall  be  vaccinated 
as  soon  as  practicable  and  detained  until  the  vaccination 
shall  have  taken  effect,  under  regulations  prescribed 
by  the  health  officer. 

§  130.  Quarantinable  vessels  and  period  of  quarantine.  Quarantin- 
Every  vessel  arriving  at  the  port  of  New  York  from  Seis   and 
any  place  where  a  quarantinable  disease  existed  at  the  quarantine 


The  Public  Health  Manual 


Sanitary- 
measures  ; 
admission 
to    pra- 
tique 


The 
flag 


yellow 


Vaccina- 
tion 


time  of  departure,  or  which  shall  have  arrived  at  any 
such  place  and  proceeded  therefrom  to  New  York,  or 
on  board  of  which  during  the  voyage  any  case  of  any 
such  disease  shall  have  occurred,  shall  remain  at  quar- 
antine until  the  health  officer  grant  a  permit  for  the 
discharge  of  such  vessel  or  cargo  or  both.  Every  vessel 
arriving  at  the  port  of  New  York  from  any  foreign 
port  and  every  vessel  from  a  domestic  port  shall,  on 
their  arrival  at  the  quarantine  ground,  be  subject  to 
visitation  by  the  health  officer.  No  quarantinable  vessel 
shall  depart  from  quarantine  without  the  written  per- 
mission of  the  health  officer  which  shall  be  delivered  by 
the  master  of  the  vessel  to  the  department  of  health 
of  the  city  of  New  York,  according  to  the  destination  of 
the  vessel  within  twenty-four  hours  after  the  permit 
is  received  by  him. 

§  131.  Detention  for  examination  of  vessels.  If  a 
vessel  which  has  not  had,  during  the  voyage,  a  case  of 
quarantinable  disease,  is  found  in  a  condition  which 
the  health  officer  deems  dangerous  to  the  public  health, 
it  shall  be  held  and  treated  as  the  health  officer  may 
deem  necessary. 

§  132.  Sanitary  measures;  admission  to  pratique. 
The  health  officer  may  require  before  admission  to 
pratique  of  any  vessel,  baths  and  other  bodily  care  of 
the  persons  on  board  in  addition  to  the  treatment  of 
the  vessel  and  cargo.  Admission  to  pratique  shall  be 
preceded  by  as  many  visits  to  the  vessel  by  the  health 
officer  as  he  may  deem  necessary. 

§  133.  The  yellow  flag.  The  health  officer  shall  cause 
all  vessels,  warehouses  and  merchandise  in  quarantine 
to  be  designated  by  a  yellow  flag,  and  shall  prohibit 
communication  with  or  passage  within  range  of  the 
same,  except  under  such  restrictions  as  he  may  designate 
compatible  with 'the  public  safety. 

§  134.  Vaccination.  All  persons  coming  from  oi 
through  any  foreign  port  or  place,  who  may  arrive  at 


Health  Officer  of  the  Port  of  New  Yop^k  91 

the  port  of  New  York,  shall  be  liable  to  an  examination 
by  the  health  officer  or  his  deputies,  as  regards  their 
protection  from  small-pox. 

If  any  such  person  shall  refuse  to  submit  to  such 
examination  or  on  such  examination  shall  be  found  not 
sufficiently  protected  from  small-pox,  or  shall  refuse  to 
be  protected  by  vaccination,  such  person  together  with 
the  person  having  him  in  charge  if  he  be  a  minor,  shall 
be  detained  in  quarantine  until  he  shall  have  passed 
the  incubative  period  from  the  date  of  the  last  possible 
exposure;  and  the  expense  of  such  detention  shall  be 
charged  by  the  health  officer  to  the  consignees  or  owners 
of  the  vessel  having  such  person  on  board,  and  such 
expenses  so  incurred  shall  be  a  lien  upon  such  vessel. 
(Am'd  by  L.  1909,  ch.  375.) 

§   135.  Duty  of  pilots.     Every  pilot  belonging  to  the  Duty  of 
port   of  New  York  shall  use  his  utmost  endeavors  to  pilots 
supply  the  health  officer  with  such  information  as  may 
aid  him  in  protecting  the  public  health. 

§   136.  Removal  of  vessels,  persons  and  things  from  Removal  of 
the  city  of  New  York.     The  health  officer  may,  whenever  persons 
in  his  judgment  the  public  health  requires  it,  order  any  ^nd    ^inss 
vessel  at  the  wharves  of  the  city  of  New  York  to  the  city    of 
quarantine  grounds  and  may  require  all  persons,  articles 
or  things  introduced  into  the  city  from  such  vessel  to 
be  seized,  and  returned  on  board  thereof.    If  the  master, 
owner  or  consignee  of  such  vessel  can  not  be  found,  or 
shall  neglect  or  refuse  to  obey  any  such  order  of  re- 
moval, the  health  officer  may  employ  such  assistance  as 
may7  be  necessary  to  effect  such  removal  at  the  expense 
of  such  master,  owner  or  consignee.     He  shal.1  have  the 
aid  of  the  health  and  police  departments  of  the  city  of 
New  York  in  securing  the  return   of   the  persons  and 
things  above  referred  to.     Such  vessel  or  person  shall 
not  return  to  the  city  without  the  written  permission 
of  the  health  officer.     Any  person  employed  to   remove 
any  such  vessel,  articles  or  things  pursuant  to  this  sec- 


92 


.The  Public  Health  Manual 


Payment 


of     quaran 

tine 


tion,  shall  have  a  lien  on  such  vessel,  its  tackle,  apparel 
and  furniture  for  his  services  and  expenses  in  effecting 
such  removal,  which  may  be  enforced  in  the  manner 
prescribed  in  the  lien  law  for  the  enforcement  of  a  lien 
upon  vessels. 

§  137.  Payment  of  expenses  of  quarantine.  The 
of  e<ruaran-  expenses  incurred  and  services  rendered  by  the  health 
officer  or  any  of  his  subordinates  or  employees  in  the 
discharge  of  any  duty  imposed  by  law  in  relation  to 
vessels,  merchandise,  baggage,  dunnage,  persons  or 
burials  of  persons  under  quarantine  shall  be  paid  to 
the  health  officer  by  the  master  of  the  vessels  for  which 
the  expenses  shall  have  been  incurred,  or  the  services 
rendered,  or  in  which  such  merchandise,  baggage,  dun- 
nage and  persons  shall  have  arrived.  Persons  conveyed 
to  and  from  the  quarantine  establishment  in  the  quaran- 
tine steamboat  shall  pay  the  health  officer  for  such 
transpbrtation,  unless  conveyed  for  the  master  of  a 
vessel,  in  which  case  the  master  shall  pay  for  the 
same. 

§  138.  Lien  for  services  and  expenses.  All  such  ex- 
penses, services  and  charges  shall  be  a  lien  on  the 
vessels,  merchandise  or  other  property  in  relation  to 
which  they  shall  have  been  made,  incurred  or  rendered, 
and  if  such  master,  owner,  consignee  or  the  charterer 
or  agent  of  vessels  where  the  owner  does  not  reside 
within  the  United  States,  shall  omit  to  pay  the  same 
within  three  days  after  the  presentation  of  such  account, 
the  health  officer  may  proceed  to  enforce  such  lien  in 
the  manner  provided  in  the  lien  law  for  the  enforcement 
of  liens  upon  vessels;  or  he  may  have  or  maintain  an 
action  against  such  master,  owner,  consignee  or  the 
charterer  or  agent  of  such  vessels  where  the  owner  does 
not  reside  within  the  United  States  to  recover  the 
amount  of  such  expenses,  services  and  charges,  and  such 
master,  owner,  consignee,  charterer  or  agent  shall  be 
deemed  indebted  to  him  in  such  amount  and  may  recover 


Lien    for 
services 
and 
expenses 


Health  Officer  of  the  Port  of  New  York  93 

from  any  passenger  liable  to  pay  the  same  *amount  of 
any  expense  incurred  on  account  of  such  passenger. 
The  health  officer  shall  have  the  same  remedies  to 
enforce  any  other  lien  or  to  recover  for  any  expenses, 
services  or  charges  which  are  by  law  made  payable  to 
him  if  they  remain  unpaid  for  three  days  after  payment 
shall  have  been  demanded  by  him.  The  vessel,  cargo 
or  other  property  upon  which  any  lien  exists  by  virtue 
of  any  provision  in  this  article,  shall  be  held  in  quaran- 
tine until  the  amount  due  for  the  expenses,  services  or 
charges  constituting  such  lien  is  paid,  unless  such 
master,  owner,  consignee,  charterer  or  agent  shall  ex- 
ecute to  the  health  officer  a  bond  with  sufficient  sureties 
to  be  approved  by  him,  conditioned  for  the  payment 
thereof  within  ten  days  thereafter.  (Am'd  L.  1909, 
ch.  375  and  E.  1913,  ch.   162,  in  effect  April  2,  1913.) 

§  139.  When  master  of  vessel  must  provide  for  passen-  When 
ger.     All  passengers  on  board  any  vessel  under  quaran-  master    of 
tine  shall  be  provided  for  by  the  master  of  the  vessel  must    pro- 
on  which  they  arrive.    If  the  master  neglects  or  refuses  passenger 
to  provide  for  them,  or  if  they  have  been  transferred 
to  some  other  point  within  the  jurisdiction  of  the  health 
officer,   they  shall  be  maintained  by  the  health   officer 
at    the    expense    of    the    vessel,    her    owners    or    con- 
signees,   and    the    health    officer    may    in    his    discre- 
tion  refuse  to  permit  the  vessel   to   leave   quarantine 
until   such   expenses  have  been  paid  or  secured.     The 
health    officer    may    maintain    an    action   against    such 
owners  or  consignees  to  recover  for  such  expenses,  which 
shall  be  a  lien  upon  the  vessel,  to  be  enforced  as  other 
liens  thereon  by  him.     (Am'd  by  L.  1909,  ch.  375.) 

§    140.   Policemen.     The   health   officer   may   appoint  policemen 
policemen,  whose  services  shall  be  paid  for  by  him,  and 
may  dismiss  them  at  pleasure  and  appoint  others  in 
their  places.     Such  policemen  shall  perform  patrol  or 


*  So  in  original 


94  The  Public  Health  Manual 

police  duty  under  the  direction  of  the  health  officer,  in 
connection  with  the  quarantine  establishment,  and  upon 
the  waters  of  the  bay  of  New  York.  They  shall  have  all 
the  powers  possessed  by  policemen  in  the  city  of  New 
York  and  any  person  arrested  by  any  such  policeman 
for  violating  any  law  or  regulation  relating  to  quaran- 
tine  in  such  port,  may  be  taken  by  him  before  any  court 
of  criminal  jurisdiction  or  any  magistrate  or  police 
justice  in  said  city,  and  thereupon  such  court,  magis- 
trate or  police  justice  shall  have  jurisdiction  to  hear, 
try  and  punish  the  person  arrested  for  the  offense  com- 
mitted by  him  in  the  same  manner  and  with  the  same 
effect,  as  if  the  offense  had  been  committed  within  the 
territory  over  which  such  court,  magistrate  or  police 
justice  has  jurisdiction  to  hear,  try  and  punish  for 
offenses  committed  within  such  territory. 

confine-  §   141.   Confinement  of  offenders.     The  health  officer 

offenders  upon  the  application  of  the  master  of  any.  vessel  under 
quarantine  may  confine  in  any  suitable  place  on  shore, 
any  person  on  board  of  the  vessel  charged  with  the 
commission  of  any  offense  punishable  by  the  laws  of  this 
state  or  of  the  United  States,  and  who  can  not  be 
secured  on  board  of  such  vessel.  Such  confinement  may 
continue  during  the  quarantine  of  such  person,  or  until 
he  shall  be  proceeded  against  in  due  course  of  law.  The 
expenses  of  such  confinement  shall  be  charged  and  col- 
lected in  the  same  manner  as  the  expenses  of  providing 
for  passengers,  which  the  master  of  the  vessel  is  required 
to  pay. 

jurisdic-  §    142.    Jurisdiction    over    offenses    and    in    actions. 

offenses  Exclusive  jurisdiction  of  the  offenses  specified  in  this 
article  is  hereby  given  to  the  court  of  general  sessions 
of  the  county  of  New  York  and  the  court  of  special 
sessions  of  the  city  of  New  York,  but  the  punishment  in 
the  last-named  court  for  offenses  shall  not  exceed  ten 
days'  imprisonment,  or  a  fine  of  one  hundred  dollars, 
or  both  such  fine  and  imprisonment,  and  it  shall  be  the 


and    in 
actions 


Health  Officer  of  the  Poet  of  New  York  95 

duty  of  the  district  attorneys  of  the  county  of  New 
York,  and  the  county  of  Kings,  and  the  county  of  Rich- 
mond, respectively,  to  prosecute  all  persons  guilty  of 
such  offenses  in  preference  to  any  indictment  then  in 
their  courts,  and  for  such  courts  to  hear  and  try  the 
offenses  against  the  provisions  of  this  chapter  in  pref- 
erence to  all  other  cases  pending  before  them;  and 
whenever  any  person  shall  be  convicted  on  a  trial  for 
such  offense,  the  court  shall  forthwith  proceed  to  pro- 
nounce judgment  upon  him  according  to  the  terms  pre- 
scribed in  this  chapter.  For  the  purpose  of  determining 
all  questions  of  jurisdiction  in  any  civil  or  criminal 
action  growing  out  of  any  act  or  thing  done  upon  or 
connected  with  the  Swinburne  island  hospital,  such  hos- 
pital shall  be  deemed  to  be  within  the  county  of  New 
York.  If  any  action  has  been  or  shall  hereafter  be  com- 
menced or  any  criminal  prosecution  instituted  against 
the  health  officer,  or  any  of  his  deputies  or  employees,  or 
any  of  them,  or  against  any  person  engaged  in  perform- 
ing any  duty  or  rendering  any  service  in  any  matter 
or  thing  connected  with  the  quarantine  establishment, 
or  any  part  thereof,  before  any  court  or  officer  within 
the  county  of  Eichmond,  or  when  such  county  shall  be 
the  place  of  trial  named  in  the  complaint  in  any  such 
action,  the  defendant  therein  may  apply  to  any  justice 
of  the  supreme  court  for  an  order  directing  that  such 
action  shall  be  tried  either  in  the  county  of  New  York 
or  in  the  county  of  Kings,  and  such  justice  shall  there- 
upon make  an  order  removing  such  action  from  the 
county  of  Richmond  to  the  county  of  New  York  or  the 
county  of  Kings.  If  the  action  is  pending  in  the  su- 
preme court,  the  order  shall  designate  in  which  of  the 
other  counties  herein  named  the  trial  shall  be  had ;  if 
the  action  is  pending  in  the  county  court,  such  order 
shall  remove  the  action  into  the  supreme  court,  and 
designate  one  of  such  other  counties  as  the  county 
wherein  it  shall  be  tried.     If  the  action  shall  have  been 


96  The  Public  Health  Manual 

commenced  in  the  municipal  court  for  the  borough  of 
Pdchmond,  the  order  shall  designate  the  court  before 
which  the  action  shall  be  tried  in  the  county  to  which 
it  is  removed  as  herein  required;  and  if  it  is  a  criminal 
action,  the  order  shall  direct  to  which  officer  or  court 
the  complaint  or  indictment  shall  be  sent  for  trial,  and 
shall  provide  for  giving  bail  in  such  form  and  amount 
as  such  justice  shall  deem  proper.  The  court  or  officer 
to  which  any  action  shall  be  transferred,  pursuant  to 
this  section,  shall  proceed  to  the  trial  thereof  in  the 
same  manner  and  with  the  same  effect  as  if  the  action 
had  been  commenced  before  such  court  or  officer  and  the 
cause  of  action  had  arisen  in  the  county  to  which  the 
action  shall  have  been  removed.  An  action  may  be 
brought  by  and  in  the  name  of  the  health  officer  to 
recover  any  penalty,  forfeiture,  sum  of  money  or  other 
cause  of  action  incurred  or  required  to  be  paid  or  au- 
thorized to  be  brought  pursuant  to  any  provision  of 
this  article  or  the  preceding  article.  (Am'd  by  L. 
1909,  ch.  375.) 
special  §  143.  Special  port  warden.     There  shall  continue  to 

be  a  special  port  warden  in  and  for  the  port  of  New 
York,  appointed  by  the  governor,  by  and  with  the 
advice  and  consent  of  the  senate,  whose  term  of  office 
shall  be  two  years'.  He  shall  act  as  warden  in  regard 
to  vessels  under  or  subject  to  quarantine,  but  not  in 
regard  to  vessels  while  stopping  at  quarantine  for  the 
purpose  of  visitation  only  by  the  health  officer,  but 
not  detained.  He  shall  have  all  the  powers  of  a  port 
warden  of  the  port  of  New  York  with  reference  to 
vessels  or  merchandise  under  or  subject  to  quarantine, 
but  he  shall  be  subject  to  such  regulations  as  the 
health  officer  may  impose,  for  the  protection  of  the 
public  health.  He  shall  receive  for  each  survey  or 
examination  made  by  him  the  sum  of  five  dollars,  and 
shall  make  returns  to  the  warden's  office  in  the  city 
of   New   York   of   each    survey    made   by   him,    within 


port 
warden 


Health  Officer  of  the  Port  of  New  York  97 

twenty- four  hours  after  it  shall  be  made.  He  may 
appoint  a  deputy,  who  during  his  absence  or  inability 
to  serve,  may  perform  all  his  duties  and  exercise  all 
his  powers.  No  other  port  warden  shall  be  appointed 
under  quarantine. 

§  144.  Fees  of  health  officer,  payment  of  salaries  and  Fees  of 
expenses.  The  health  officer  shall  receive,  on  behalf  of  officer, 
the  state  of  New  York,  for  services  rendered  by  him,  ^S^s*  °f 
fees  at  rates  not  to  exceed  the  following,  namely:  ana 
For  inspection  of  any  vessel  from  a  foreign  port, 
whose  registered  gross  tonnage  shall  exceed  five  hun- 
dred tons,  the  sum  of  ten  dollars.  For  inspection  of 
every  vessel  from  a  foreign  port,  whose  gross  registered 
tonnage  shall  not  exceed  five  hundred  tons,  five  dol- 
lars. For  inspection  of  every  such  other  vessel,  as 
the  health  officer  may  deem  to  be  quarantinable  and 
subject  to  visitation  and  inspection  and  so  designate 
either  by  name  or  by  class,  three  dollars.  For  medical 
inspection  of  third-class  or  steerage  passengers  upon 
all  ships  entering  the  port  of  New  York,  as  follows: 
For  the  first  one  hundred,  or  fraction  thereof,  five  dol- 
lars; for  every  additional  one  hundred,  or  fraction 
thereof,  of  such  passengers,  three  dollars.  For  each 
special  permit  issued  for  the  discharge  of  cargo,  portion 
of  cargo  or  baggage  brought  as  freight,  one  dollar. 
For  special  sanitary  inspection  of  every  vessel  before 
or  after  the  discharge  of  cargo  or  ballast,  ten  dollars. 
For  fumigation  and  disinfection  of  every  vessel  which, 
in  the  judgment  of  the  health  officer  shall  require 
fumigation  and  disinfection  at  rates  to  be  fixed  in 
proportion  to  the  service  rendered  by  the  health  offi- 
cer, but  not  to  exceed  the  following:  For  vessels  whose 
gross  registered  tonnage  shall  not  exceed  two  thousand 
tons,  fifty  dollars.  For  vessels  whose  gross  registered 
tonnage  shall  exceed  two  thousand  tons,  for  every 
thousand,  or  fraction  thereof,  in  excess  of  the  said  two 
thousand  tons,  twenty-five  dollars.  For  boarding  every 
4 


98  The  Public  Health  Manual 

vessel  carrying  passengers  between  sunset  and  sun- 
rise and  inspecting  the  same,  at  the  request  of  the 
owner,  consignee  or  master  of  the  vessel  and  granting 
pratique  when  such  pratique  can  be  given  without 
danger  to  the  public  health,  fifteen  dollars.  For  vacci- 
nation of  persons  on  vessels,  each  twenty-five  cents. 
But  no  charge  shall  be  made  for  the  vaccination  of  any 
person  ■  who  shall  have  been  successfully  vaccinated  by 
the  medical  officer  of  said  vessel.  For  the  maintenance 
and  care  of  all  persons  removed  from  vessels  and  de- 
tained at  quarantine  for  observation,  one  dollar  and 
fifty  cents  per  capita  per  diem.  For  the  maintenance, 
care,  medical  treatment  and  hospital  accommodation  of 
all  persons  removed  from  vessels,  whose  physical  con- 
dition shall  make  such  medical  treatment  and  hospital 
accommodation  necessary  in  the  judgment  of  the  health 
officer,  two  dollars  per  capita  per  diem.  He  shall  pay 
all  the  salaries  and  wages  of  the  deputy  health  officers 
and  other  officers  and  employees  as  may  be  necessary 
for  the  performance  of  the  duties  imposed  upon  him 
by  law  for  the  carrying  on  of  a  quarantine  establish- 
ment, and  shall  pay  all  the  necessary  expenses  of 
maintaining  such  establishment  and  the  steamboat  ser- 
vice necessarily  connected  therewith.  The  salary  of 
the  health  officer  and  of  all  persons  appointed  or  em- 
ployed by  him,  and  all  the  expenses  necessarily  in- 
curred by  him  in  the  performance  of  the  duties  of  his 
office,  shall  be  paid  by  the  state  out  of  the  money  ap- 
propriated therefor.  There  may  be  annually  appro- 
priated for  the  health  officer  a  contingent  fund  which, 
notwithstanding  any  other  provision  of  law,  may  be 
paid  to  him  by  the  treasurer  on  the  warrant  of  the 
comptroller.  Such  fund  may  be  used  by  him  to  pay 
the  current  expenses  of  his  office  for  which  an  im- 
mediate payment  in  cash  is  required,  but  he  shall  render 
to  the  state  comptroller  on  or  before  the  fifth  day  of 
each    month    a    sworn    itemized    statement    of    all    ex- 


Health  Officer  of  the  Port  of  New  York  -99 

penditures  from  such  fund  during  the  preceding  calen- 
dar month.  The  health  officer  shall  keep  an  account  of 
all  moneys  received  or  disbursed  by  him  under  this 
section.  This  section  shall  not  affect  the  liability  of 
masters  or  owners  of  vessels,  or  consignees  or  agents 
of  such  masters  or  owners  of  vessels,  passengers  or 
other  persons  to  pay  for  such  services,  labor  or  work 
as  they  are  .respectively  required  to  pay  or  discharge 
by  law.  And  the  health  officer  shall  have  the  power 
to  order  to  quarantine  and  detain  therein  any  vessel 
whose  master,  owner,  consignee  or  agent  doing  busi- 
ness in  the  city  of  New  York,  if  there  be  such  agent 
of  said  master,  owner  or  consignee,  or  any  one  of  such, 
shall  refuse  or  neglect  to  pay  the  fees  and  charges 
herein  provided  for  within  three  days  after  notification 
to  such  master,  owner,  consignee,  or  agent  of  the  fact 
that  such  charges  have  been  assessed  against  such 
vessel.  Such  power  may  be  exercised  by  the  health 
officer  within  a  period  of  one  year  after  the  perfor- 
mance of  the  services  for  which  such  charges  are  made; 
and  such  vessel  may  be  released  from  the  health  offi- 
cer's custody  as  aforesaid  only  upon  the  filing  of  a 
bond  in  double  the  amount  of  said  charges,  or  a  judicial 
determination  with  respect  to  the  same.  Nothing  herein 
contained  shall  affect  the  right  of  the  health  officer, 
or  of  the  state  through  the  health  officer,  to  proceed 
for  the  collection  of  such  fees,  as  is  otherwise  by  law 
provided.  (Am'd  by  L.  1909,  ch.  375,  L.  1910,  ch.  425 
and  L.  1913,  ch.  136,  in  effect  March  26,  1913.) 

§  145.  Annual  report.  The  health  officer  shall  make  Annual 
a  report  to  the  legislature  annually  on  or  before  report 
January  fifteenth  for  the  preceding  fiscal  year,  con- 
taining an  itemized  statement  of  all  his  receipts  and 
disbursements  and  of  the  general  condition  of  the 
quarantine  establishment,  the  statistics  of  the  estab- 
lishment in  detail,  and  such  other  information  and 
suggestions  in  regard  to  it  as  he  may  deem  advisable 


100  The  Public  Health  Manual 

A  duplicate  of  said  report  shall  at  the  same  time  be 
filed  by  said  health  officer  with  the  comptroller.  ( Am'd 
by  L.  1909,  ch.  375.) 

ARTICLE  VIII 

Practice  of  medicine 
Section  160.  Definitions. 

161.  Qualifications. 

162.  The    state   board   of   medical   examiners. 

163.  Certificate  of  appointment;    oath;    powers. 

164.  Expenses. 

165.  Officers;    meetings;    quorum;    committees. 

166.  Admission  to   examination. 

167.  Questions. 

168.  Examinations   and  reports. 

169.  Licenses. 

170.  Registry;     revocation    of    license;     annul- 

ment of  registry. 

171.  Registry  in  another  county. 

172.  Certificate     presumptive     evidence;     unau- 

thorized    registration     and    license     pro- 
hibited. 

173.  Construction   of   this  article. 

174.  Penalties  and  their  collection. 

Practice   of       §  160.  Definitions.    As  used  in  this  article: 

1.  "  The  education  department "  means  the  education 
department  of  the  state  of  New  York  as  provided  for 
by  the   education  law. 

2.  "  University "  means  university  of  the  state  of 
New  York. 

3.  "  Regents  "  means  board  of  regents  of  the  univer- 
sity of  the  state  of  New  York. 

4.  "  Board "  means  the  board  of  medical  examiners 
of  the  state  of  New  York. 

5.  "  Medical  examiner "  means  a  member  of  the 
board  of  medical  examiners  of  the  state  of  New  York. 


medicine 
Definitions 


Practice  of  Medicine  101 

6.  "  Medical  school "  means  any  medical  school,  col- 
lege or  department  of  a  university,  registered  by  the 
regents  as  maintaining  a  proper  medical  standard  and 
as  legally  incorporated. 

7.  The   practice    of   medicine    is   denned   as    follows:  Practice    of 
A  person  practices  medicine  within  the  meaning  of  this  defined 
article,  except  as  hereinafter  stated,  who  holds  himself 

out  as  being  able  to  diagnose,  treat,  operate  or  pre- 
scribe for  any  human  disease,  pain,  injury,  deformity 
or  physicial  condition,  and  who  shall  either  offer  or 
undertake,  by  any  means  or  method,  to  diagnose,  treat, 
operate  or  prescribe  for  any  human  disease,  pain,  injury, 
deformity  or  physical   condition. 

8.  "  Physician  "  means  a  practitioner  of  medicine. 

§  161.  Qualifications.  No  person  shall  practice  medi-  Quaiifica- 
cine,  unless  registered  and  legally  authorized  prior  to  ^actiee* 
September  first,  eighteen  hundred  and  ninety-one,  or  medicine 
unless  licensed  by  the  regents  and  registered  under 
article  eight  of  chapter  six  hundred  and  sixty-one  of 
the  laws  of  eighteen  hundred  and  ninety-three  and 
acts  amendatory  thereto,  or  unless  licensed  by  the  re- 
gents and  registered  as  required  by  this  article;  nor 
shall  any  person  practice  under  this  article  who  has 
ever  been  convicted  of  a  felony  by  any  court,  or  whose 
authority  to  practice  is  suspended  or  revoked  by  the 
regents  on  recommendation  of  the  state  board.  The 
conviction  of  a  felony  shall  include  the  conviction  of 
any  offense  which  if  committed  within  the  state  of 
New  York  would  constitute  a  felony  under  the  laws 
thereof.  If  a  person  convicted  of  a  felony  is  sub- 
sequently pardoned  by  the  governor  of  the  state  where 
such  conviction  was  had,  or  by  the  president  of  the 
United  States,  the  regents  may,  in  their  discretion, 
on  application  of  such  person,  and  on  the  submission 
to  them  of  satisfactory  evidence,  restore  to  such  per- 
son the  right  to  practice  medicine  in  this  state,  unless 


102 


The  Public  Health  Manual 


State 
board    cf 
medical 
examiners 


Member 
ship 


Vacancies 


Qualifica- 
tions 


such    conviction   has    been    for   misconduct   in   his   pro- 
fessional capacity.      (Am'd  by  L.  1914,  ch.  319.) 

§  162.  The  state  board  of  medical  examiners.  The 
state  board  of  medical  examiners  is  continued.  The 
members  of  said  board  now  in  office  shall  continue  in 
office  until  the  expiration  of  their  respective  terms. 
Said  board  shall  consist  of  nine  members  who  shall  be 
appointed  by  the  regents  and  who  shall  hold  office 
for.  three  years  from  August  first  of  the  year  in  which 
appointed.  The  regents  shall  annually  appoint  three 
members  to  fill  the  vacancies  caused  by  expiration  of 
term  of  office,  and  may  at  any  time  fill  vacancies  on 
the  board  caused  by  death,  resignation,  or  removal 
from  office.  No  person  shall  be  appointed  a  member 
of  the  board  of  medical  examiners  who  is  not  eligible 
to  receive  a  license  to  practice  from  the  regents  in 
accordance  with  the  provisions  of  this  article  or  of 
chapter  six  hundred  and  sixty-one  of  the  laws  of 
eighteen  hundred  and  ninety-three  and  acts  amen- 
datory thereof  and  who  has  not  been  in  practice  in  this 
state  for  at  least  five  years  prior  to  date  of  appoint- 
ment. The  regents  may  remove  any  member  of  the 
board  of  examiners  for  misconduct,  incapacity  or 
neglect  of  duty.  The  regents  shall  appoint  a  secretary 
to  the  board  of  examiners,  who  shall  not  be  a  member 
of  the  board,  and  who  shall  hold  office  during  the 
pleasure  of  the  regents  and  who  shall  receive  an  an- 
nual compensation  of  four  thousand  dollars,  payable 
from  the  fees  received  under  this  article.  The  secre- 
tary shall  be  a  duly  licensed  physician. 

certifi-  §  163-    Certificate    of    appointment;    oath;     powers. 

cate  of         Every  medical   examiner   shall   receive   a   certificate   of 

appoint-  .  ,,.,..,. 

ment;    oath  appointment  from  the  regents  and  before  beginning  his 
term  of  office  shall  file  with  the  secretary  of  state  the 
constitutional  oath  of  office.     The  board,  or   any  corn- 
May  mittee   thereof,    may    employ    counsel,    shall    have    the 
counsel         power  to  compel  the  attendance  of  witnesses,  and  may 


Removal 
by    regents 


Secretary 
of    board 


Practice  ue  Medicine  103 

take  testimony  and  proofs  concerning  all  matters 
within  its  jurisdiction.  The  board  may,  subject  to  the  powers 
regents'  approval,  make  all  by-laws  and  rules  not  in- 
consistent with  law  needed  in  performing  its  duties; 
but  no  by-law  or  rule  by  which  more  than  a  majority 
vote  is-  required  for  any  specified  action  by  the  board 
shall  be  amended,  suspended  or  repealed  by  a  smaller 
vote  than  that  required  for  action  thereunder. 

§  164.  Expenses.  The  fees  derived  from  the  operation  Expenses 
of  this  article  shall  be  paid  into  the  state  treasury,  and 
the  legislature  shall  annually  appropriate  therefrom 
for  the  education  department  an  amount  sufficient  to 
pay  all  proper  expenses  incurred  pursuant  to  this 
article. 

§  165.  Officers;  meetings;  quorum;  committees.  The  officers 
board  shall  annually  elect  from  its  members  a  president 
and  a  vice-president  for  the  academic  year,  and  shall 
hold  one  or  more  meetings  each  year  pursuant  to  call  Meetings 
of  the  regents.  At  any  meeting  a  majority  shall  con- 
stitute a  quorum;  but  questions  prepared  by  the 
hoard  may  be  grouped  and  edited,  or  answer  papers 
of  candidates  may  be   examined  and  marked  by  com-  Com" 

17     .  J  mittees 

mittees  duly  authorized  by  the  board  and  approved  by 
the  regents. 

§   166.  Admission  to  examination.     The  regents  shall  Admis- 

°  sion    to 

admit  to   examination   any  candidate   who  pays   a  fee  examma- 
of    twenty-five    dollars    and    submits    evidence,    verified 
by  oath,  and  satisfactory  to  the  regents,  that  he  Fee 

1.  Is  more  than  twenty-one  years  of  age. 

2.  Is  of  good  moral  character. 

3.  Had  prior  to  beginning  the  first  year  of  medical 
study  the  general  education  required  by  the  rules  of  the 
regents  preliminary  to  receiving  the  degree  of  bachelor 
or  doctor  of  medicine  in  this  state.  (Am'd  by  L.  1916, 
ch.  328,  in  effect  April  27,  1916.) 

4.  Has  studied  medicine  not  less  than  four  school 
years,   including  four   satisfactory  courses   of   at   least 


104  The  Public  Health  Manual 

seven  months  each  in  four  different  calendar  years  in 
a  medical  school  registered  as  maintaining  at  the  time 
a  standard  satisfactory  to  the  regents.  New  York 
medical  schools  and  New  York  medical  students  shall 
not  be  discriminated  against  by  the  registration  of  any 
medical  school  out  of  the  state  whose  minimum  gradua- 
tion standard  is  less  than  that  fixed  by  statute  for 
New  York  medical  schools.  The  regents  may,  in  their 
discretion,  accept  as  the  equivalent  for  any  part  of  the 
third  and  fourth  requirement,  evidence  of  five  or  more 
years'  reputable  practice,  provided  that  such  substitu- 
tion be  specified  in  the  license,  and,  as  the  equivalent 
of  the  first  year  of  the  fourth  requirement,  evidence  of 
graduation  from  a  registered  college  course,  provided 
that  such  college  course  shall  have  included  not  less 
than  the  minimum  requirements  prescribed  by  the  re- 
gents for  such  admission  to  advanced  standing.  The 
regents  may  also  in  their  discretion  admit  conditionally 
to  the  examination  in  anatomy,  physiology,  hygiene, 
sanitation,  and  chemistry,  applicants  nineteen  years 
of  age  certified  as  having  studied  medicine  not  less 
than  two  years,  including  two  satisfactory  courses  of 
at  least  seven  months  each,  in  two  different  calendar 
years,  in  a  medical  school  registered  as  maintaining 
at  the  time  a  satisfactory  standard,  provided  that  such 
applicants  meet  the  second  and  third  requirements. 

5.  Has  either  received  the  degree  of  bachelor  or  doc- 
tor of  medicine  from  some  registered  medical  school, 
or  a  diploma  or  license  conferring  full  right  to  practice 
medicine  in  some  foreign  country  unless  admitted  con- 
ditionally to  the  examinations  as  specified  above,  in 
which  case  all  qualifications,  including  the  full  period 
of  study,  the  medical  degree  and  the  final  examinations 
in  surgery,  obstetrics,  gynecology,  pathology,  including 
bacteriology,  and  diagnosis  must  be  met.  The  degree 
of  bachelor  or  doctor  of  medicine  shall  not  be  con- 
ferred in  this  state  before  the  candidate  has  filed  with 


Practice  of  Medicine  105 

the  institution  conferring  it  the  certificate  of  the  re- 
gents that  before  beginning  the  first  annual  medical 
course  counted  toward  the  degree,  he  had  earned  a 
medical  student  qualifying  certificate  in  accordance 
with  the  rules  of  the  regents,  the  minimum  require- 
ment for  which,  for  matriculates  after  January  first, 
nineteen  hundred  and  seventeen,  shall  be  the  successful 
completion  of  an  approved  four-year  high  school  course 
or  its  equivalent.  (Am'd  by  L.  1912,  ch.  141  and  L. 
1916,  ch.  328,  in  effect  April  27,  1916.) 

6.  Where  the  application  be  for  a  license  to  practice  oste- 
osteopathy,  the  applicant  shall  produce  evidence  that 
he  has  studied  osteopathy  not  less  than  three  years 
including  three  satisfactory  courses  of  not  less  than 
nine  months  each  in  three  different  calendar  years 
in  a  college  of  osteopathy  maintaining  at  the  time  a 
standard  satisfactory  to  the  regents.  After  nineteen 
hundred  and  ten  the  applicant  for  a  license  to  practice 
under  this  article  shall  produce  evidence  that  he  has 
studied  not  less  than  four  years  including  four  satis- 
factory courses  of  not  less  than  seven  months  each  in 
four  different  calendar  years  in  a  college  maintaining 
at  the  time  a  standard  satisfactory  to  the  regents. 

§  167.  Questions.  The  board  shall  submit  to  the  Questions 
regents,  as  required,  lists  of  suitable  questions  for 
thorough  examination  in  anatomy,  physiology,  hygiene, 
sanitation,  chemistry,  surgery,  obstetrics,  gynecology, 
pathology,  including  bacteriology,  and  diagnosis.  From 
these  lists  the  regents  shall  prepare  question  papers  for 
all  these  subjects,  which  at  any  examination  shall  be 
the  same  for  all  candidates,  except  that  the  examination 
may  be  divided  as  provided  in  section  one  hundred  and 
sixty- six. 

§  168.   Examinations  and  reports.     Examinations  for  Examina- 
licenses  shall  be  given  in  at  least  four  convenient  places  t,ons 
in  this  state  and  at  least  four  times  annually,  in  ac- 
cordance   with    the    regents'    rules,    and    shall    be    ex- 


106 


The  Public  Health  Manual 


clusively  in  writing  and  in  English.  Each  examination 
shall  be  conducted  by  a  regents'  examiner  who  shall 
not  be  one  of  the  medical  examiners.  At  the  close  of 
each  examination  the  regents'  examiner  in  charge  shall 
deliver  the  questions  and  answer  papers  to  the  board 
or  its  duly  authorized  committee,  who,  without  un- 
necessary delay,  shall  examine  and  mark  the  answers 
Reports  and  transmit  to  the  regents  an  official  report,  signed 
by  its  president  and  secretary,  stating  the  standing  of 
each  candidate  in  each  branch,  his  general  average  and 
whether  the  board  recommends  that  a  license  be 
granted.  Such  report  shall  include  the  questions  and 
answers  and  shall  be  filed  in  the  public  records  of  the 
university.  If  a  candidate  fails  on  first  examination, 
he  may,  after  not  less  than  six  months'  further  study, 
have  a  second  examination  without  fee.  If  the  failure 
is  from  illness  or  other  cause  satisfactory  to  the  re- 
gents they  may  waive  the  required  six  months'  study. 
t0  §  169.  Licenses.  On  receiving  from  the  state  board 
an  official  report  that  an  applicant  has  successfully 
passed  the  examinations  and  is  recommended  for  li- 
cense, the  regents  shall  issue  to  him  a  license  to  prac- 
tice according  to  the  qualifications  of  the  applicant. 
Every  license  shall  be  issued  by  the  university  under 
seal  and  shall  be  signed  by  each  acting  medical  exami- 
ner and  by  the  officer  of  the  university  who  approved 
the  credential  which  admitted  the  candidate  to  exami- 
nation, and  shall  state  that  the  licensee  has  given  sat- 
isfactory evidence  of  fitness  as  to  age,  character,  pre- 
liminary and  medical  education  and  all  other  matters 
required  by  law,  and  that  after  full  examination  he 
has  been  found  properly  qualified  to  practice.  Appli- 
cants examined  and  licensed  by  other  state  examining 
boards  registered  by  the  regents  as  maintaining  stand- 
ards not  lower  than  those  provided  by  this  article  and 
applicants  who  matriculated  in  a  New  York  state  med- 
ical   school    before    June    fifth,    eighteen    hundred    and 


License 
practice 
medicine 


Recip- 
rocal 
licenses 


Practice  of  Medicine  107 

ninety,  find  who  received  the  degree  of  doctor  of  med- 
icine from  a  registered  medical  school  before  August 
first,  eighteen  hundred  and  ninety-five,  may  without 
further  examination,  on  payment  of  twenty-five  dol- 
lars to  the  regents  and  on  submitting  such  evidence  as 
they  may  require,  receive  from  them  an  indorsement 
of  their  licenses  or  diplomas  conferring  all  rights  and 
privileges  of  a  regents'  license  issued  after  examina- 
tion. The  commissioner  of  education  may  in  his  dis- 
cretion on  the  approval  of  the  board  of  regents  in- 
dorse a  license  or  diploma  of  a  physician  from  another 
state,  provided  the  applicant  has  met  all  the  prelimi- 
nary and  professional  qualifications  required  for  earn- 
ing a  license  on  examination  in  this  state,  has  been  in 
reputable  practice  for  a  period  of  ten  years,  and  has 
reached  a  position  of  conceded  eminence  and  authority 
in  his  profession.  Any  physician,  who  was  actually 
engaged  in  the  practice  of  medicine  in  this  state  prior 
to  September  first,  eighteen  hundred  and  ninety-one, 
and  who  failed  to  register,  although  eligible  to  do  so 
at  the  time,  or  any  physician,  whose  registration  is 
not  legal  because  of  some  error,  misunderstanding  or 
unintentional  omission,  may  on  the  unanimous  recom- 
mendation of  the  state  board  of  medical  examiners  that 
he  has  submitted  satisfactory  proof  of  having  com- 
plied with  all  the  requirements  prescribed  by  law  at 
the  time  of  his  failure  to  register,  or  his  incomplete 
registration,  receive  from  the  regents  under  seal  a  cer- 
tificate of  the  facts  which  may  be  registered  by  any 
county  clerk  and  shall  make  valid  his  registration. 
Before  any  license  is  issued  it  shall  be  numbered  and 
recorded  in  a  book  kept  in  the  regents'  office,  and  its 
number  shall  be  noted  in  the  license;  and  a  photo- 
graph of  the  licensee  filed  with  records.  This  record 
shall  be  open  to  public  inspection,  and  in  all  legal 
proceedings  shall  have  the  same  weight  as  evidence  that 
is  given  to  a  record  of  conveyance  of  land.  (Am'd  by 
L.  1915,  ch.  552,  in  effect  May  8,  1915.) 


10S  The  Public  Health  Manual 

Registry  of      §  no.  Registry;  revocation  of  license;  annulment  of 
practice        registry.    Every  license  to  practice  medicine  shall,  before 
medicine       ftie  licensee  begins  practice  thereunder,  be  registered  in 
a  book  kept  in  the  clerk's  office  of  the  county  where  such 
practice  is  to  be  carried  on,  with  name,  residence,  place 
and  date  of  birth,  and  source,  number  and  date  of  his 
license   to   practice.      Before    registering,    each    licensee 
shall  file,  to  be  kept  in  a  bound  volume  in  a  county 
clerk's  office,  an  affidavit  of  the  above  facts,  and  also 
that  he  is  the  person  named  in  such  license,  and  had, 
before   receiving  the   same,  complied  with  all   require- 
ments  as  to   attendance,   terms   and   amount   of   study 
and  examinations  required  by  law  and  the  rules  of  the 
university   as   preliminary  to   the   conferment   thereof; 
that  no  money  was  paid  for  such  license,  except  the 
regular  fees  paid  by  all  applicants  therefor;    that  no 
fraud,    misrepresentation   or   mistake   in    any   material 
regard  was  employed  by  any  one  or  occurred  in  order 
Registry   of  tb-at  sucn  license   should  be  conferred.     Every  license, 
license  to     or  jf  ios£  a  copy  thereof  legally  certified  so  as  to  be 

practice  .  °       J 

medicine  admissible  as  evidence,  or  a  duly  attested  transcript  of 
the  record  of  its  conferment,  shall,  before  registering, 
be  exhibited  to  the  county  clerk,  who,  only  in  case  it 
was  issued  or  indorsed,  as  a  license  under  seal  by  the 
regents,  shall  indorse  or  stamp  on  it  the  date  and  his 
name  preceded  by  the  words,  "  registered  as  authority 

to    practice    medicine    in   the    clerk's    office    of 

county."  The  clerk  shall  thereupon  give  to  every  physi- 
cian so  registered  a  transcript  of  the  entries  in  the 
register  with  a  certificate,  under  seal  that  he  has  filed 
the  prescribed  affidavit.  ■  The  licensee  shall  pay  to  the 
county  clerk  a  total  fee  of  one  dollar  for  registration, 
affidavit  and  certificate.  The  regents  shall  have  power 
at  any  and  all  times  to  inquire  into  the  identity  of 
any  person  claiming  to  be  a  licensed  or  registered  physi- 
cian and  after  due  service  of  notice  in  writing,  require 
him   to    make   reasonable   proof,   satisfactory   to   them, 


Practice  of  Medicine  109 

that  he  is  the  person  licensed  to  practice  medicine  under 
the  license  by  virtue  of  which  he  claims  the  privilege 
of  this  article.  When  the  regents  find  that  a  person 
claiming  to  be  a  physician,  licensed  under  this  article, 
is  not  in  fact  the  person  to  whom  the  license  was  issued, 
they  shall  reduce  their  findings  to  writing  and  file  them 
in  the  office  of  the  clerk  of  the  county  in  which  said 
person  resides  or  practices  medicine.  Said  certificate 
shall  be  prima  facie  evidence  that  the  person  mentioned 
therein  is  falsely  impersonating  a  practitioner  or  a 
former  practitioner   of  a  like  or  different  name.     The  Revoca- 

x  tion    of 

regents   may    revoke    the    license    of    a    practitioner    of  license,    or 
medicine,  or  annul  his  registration,  or  do  both,  in  any  n^fof 

Of   the    following    Cases:  registry 

(a)  A  practitioner  of  medicine  who  is  guilty  of  any 
fraud  or  deceit  in  his  practice,  or  who  is  guilty  of  a 
crime  or  misdemeanor,  or  who  is  guilty  of  any  fraud 
or   deceit   by  which  he  was   admitted  to  practice;    or 

(b)  Is  an  habitual  drunkard  or  habitually  addicted 
to  the  use  of  morphine,  opium,  cocaine,  or  other  drugs 
having  a  similar  effect;   or 

(c)  Who  undertakes  or  engages  in  any  manner  or  by 
any  ways  or  means  whatsoever,  to  procure  or  perform 
any  criminal  abortion  as  the  same  is  defined  by  section 
eighty  of  the  penal  law;  or 

(d)  Who  offers  or  undertakes  by  any  manner  or 
means  to  violate  any  of  the  provisions  of  section  elever 
hundred  and  forty-two  of  the  penal  law. 

Proceedings  for  revocation  of  a  license  or  the  annul- 
ment of  registration  shall  be  begun  by  filing  a  written 
charge  or  charges  against  the  accused.  These  charges 
may  be  preferred  by  any  person  or  corporation,  or  the 
regents  may  on  their  own  motion  direct  the  executive 
officer  of  the  board  of  regents  to  prefer  said  charges. 
Said  charges  shall  be  filed  with  the  executive  officer  of 
the  board  of  regents,  and  a  copy  thereof  filed  with  the 
secretary  of  the  board  of  medical  examiners.  The  board 
of  medical  examiners,  when  charges  are  preferred,  shall 


110  The  Public  Health  Manual 

designate  three  of  their  number  as  a  committee  to  hear 
and  determine  said  charges.     A  time  and  place  for  the 
hearing  of  said  charges  shall  be  fixed  by  said  committee 
as  soon  as  convenient,  and  a  copy  of  the  charges,  together 
with  a  notice  of  the  time  and  place  when  they  will  be 
heard  and  determined,  shall  be  served  upon  the  accused 
or  his  counsel,  at  least  ten  days  before  the  date  actually 
fixed    for    said    hearing.      Where    personal    service    or 
service  upon  counsel  can  not  be  effected,  and  such  fact 
is  certified  on  oath  by  any  person  duly  authorized  to 
make  legal  service,  the  regents  shall  cause  to  be  pub- 
lished   for   at   least    seven   times,    for    at   least   twenty- 
days  prior  to  the  hearing,  in  two  daily  papers  in  the 
county    in    which    the    physician    was    last    known    to 
practice,  a  notice  to  the  effect  that  at  a  definite  time 
and  place  a  hearing  will  be  had  for  the  purpose  of  hear- 
ing charges  against  the  physician  upon  an  application 
to  revoke  his  license.     At  said  hearing  the  accused  shall 
have  the  right  to  cross-examine  the  witnesses   against 
him  and  to  produce  witnesses  in  his   defense,   and  to 
appear  personally  or  by  counsel.     The  said  committee 
shall  make  a  written  report  of  its  findings  and  recom- 
mendations, to  be  signed  by  all  its  members,  and  the 
same   shall  be   forthwith   transmitted  to  the   executive 
officer  of  the  board  of  regents.     If  the  said  committee 
shall   unanimously   find  that   such   charges,    or    any   of 
them,  are  sustained,  and  shall  unanimously  recommend 
that  the  license  of  the  accused  be  revoked  or  his  regis- 
tration be  annulled,  the  regents  may  thereupon  in  their 
discretion,   revoke   said  license   or   annul   said  registra- 
tion, or  do  both.     If  the  regents  shall  annul  such  regis- 
tration,  they  shall  forthwith  transmit  to  the  clerk  of 
the  county  or  counties  in  which  said  accused  is  regis- 
tered as  a  physician,  a  certificate  under  their  seal  cer- 
tifying that  such  registration  has  been   annulled,   and 
said  clerk  shall,  upon  receipt  of  said  certificate,  file  the 
same  and  forthwith  mark  said  registration  "  annulled." 
Any  person  who  shall  practice  medicine  after  his  regis- 


Practice  of  Medicine  111 

tration  has  been  marked  "  annulled "  shall  be  deemed 
to  have  practiced  medicine  without  registration.  Where 
the  license  of  any  person  has  been  revoked,  or  his  regis- 
tration has  been  annulled  as  herein  provided,  the  re- 
gents may,  after  the  expiration  of  one  year,  entertain 
an  application  for  a  new  license,  in  like  manner  as 
original  applications  for  licenses  are  entertained;  and 
upon  such  new  application  they  may  in  their  discre- 
tion, exempt  the  applicant  from  the  necessity  of  under- 
going any  examination. 

§  171.  Registry  in  another  county.  A  practicing  phy-  Registry  ii 
sician  having  registered  a  lawful  authority  to  practice  anot^er 
medicine  in  one  county,  and  removing  such  practice  or 
part  thereof  to  another  county,  or  regularly  engaging 
in  practice  or  opening  an  office  in  another  county  or 
shall  have  his  office,  practice  or  any  part  thereof  re- 
moved from  one  county  to  another  by  an  act  of 
legislature  creating  a  new  county  from  a  then  existing 
county,  thereby  causing  his  office  or  practice  to  be  situ- 
ated in  a  new  county,  shall  show  or  send  by  regis- 
tered mail  to  the  clerk  of  such  other  or  new  county, 
his  certificate  of  registration.  If  such  certificate 
clearly  shows  that  the  original  registration  was  of  an 
authority  issued  under  seal  by  the  regents,  or  if  the 
certificate  itself  is  indorsed  by  the  regents  as  entitled 
to  registration,  the  clerk  shall  thereupon  register  the 
applicant  in  the  latter  or  new  county,  on  receipt  of  a 
fee  of  twenty-five  cents,  and  shall  stamp  or  indorse  on 
such  certificate  the  date  and  his  name  preceded  by  the 

words,  "  registered  also  in    county,"  and  return 

the  certificate  to  the  applicant.  (Am'd  by  L.  1915,  ch. 
53.) 

§  172.  Certificate  presumptive  evidence;  unauthorized  unau- 

■..  i  -i  -i     -i         -n  it   thorized 

registration   and   license   prohibited.     Every   unrevoked  registra- 
certificate   and   indorsement   of   registry,   made   as   pro-  ij°gns*nd 
vided  in  this  article,  shall  be  presumptive  evidence  in  pro- 
all  courts  and  places,  that  the  person  named  therein  is 
legally  registered.     Hereafter  no  person   shall  register 


112  The  Public  Health  Manual 

any  authority  to  practice  medicine  unless  it  has  been 
issued  or  indorsed  as  a  license  by  the  regents,  No  such 
registration  shall  be  valid  unless  the  authority  regis- 
tered constituted,  at  the  time  of  registration,  a  license 
under  the  laws  of  the  state  then  in  force.  No  diploma 
or  license  conferred  on  a  person  not  actually  in  attend- 
ance at  the  lectures,  instruction  and  examinations  of 
the  school  conferring  the  same,  or  not  possessed  at  the 
time  of  its  conferment  of  the  requirements  then  de- 
manded of  medical  students  in  this  state  as  a  condition 
of  their  being  licensed  so  to  practice,  and  no  registra- 
tion not  in  accordance  with  this  article  shall  be  lawful 
authority  to  practice  medicine,  nor  shall  the  degree  of 
doctor  of  medicine  be  conferred  causa  honoris  or  ad 
eundem  nor  if  previously  conferred  shall  it  be  a  quali- 
fication for  such  practice. 

§  173.  Construction  of  this  article.  This  article  shall  not 
be  construed  to  affect  commissioned  medical  officers  serv- 
ing in  the  United  States  army,  navy  or  marine  hospital 
service,  while  so  commissioned ;  or  any  one  while  actually 
serving  on  the  resident  medical  staff  of  any  legally  incor- 
porated hospital ;  or  any  legally  registered  dentist  exclu- 
sively engaged  in  practicing  dentistry;  or  any  person  or 
manufacturer  who  mechanically  fits  or  sells  lenses,  arti- 
ficial eyes,  limbs  or  other  apparatus  or  appliances,  or 
is  engaged  in  the  mechanical  examination  of  eyes,  for 
the  purpose  of  constructing  or  adjusting  spectacles,  eye 
glasses  and  lenses;  or  any  lawfully  qualified  physician 
in  other  states  or  countries  meeting  legally  registered 
physicians  in  this  state  in  consultation;  or  any  physi- 
cian residing  on  a  border  of  a  neighboring  state  and 
duly  licensed  under  the  laws  thereof  to  practice  medi- 
cine therein,  whose  practice  extends  into  this  state,  and 
who  does  not  open  an  office  or  appoint  a  place  to  meet 
patients  or  receive  calls  within  this  state;  or  any  phy- 
sician duly  registered  in  one  county  called  to  attend 
isolated  cases  in  another  county,  but  not  residing  or 
habitually    practicing    therein;    or    the    furnishing    of 


Practice  of  Medicine  113 

medical  assistance  in  case  of  emergency;  or  the  domes- 
tic administration  of  family  remedies;  or  the  practice 
cf  chiropody;  or  the  practice  of  the  religious  tenets  of 
any  church.  This  article  shall  be  construed  to  repeal  all 
acts  or  parts  of  acts  authorizing  conferment  of  any 
degree  in  medicine  causa  honoris  or  ad  eundem  or 
otherwise  than  on  students  duly  graduated  after  satis- 
factory completion  of  a  preliminary  medical  course  not 
less  than  that  required  by  this  article  as  a  condition 
of  license.  It  is  further  provided  that  any  person  who 
shall  be  actively  engaged  in  the  practice  of  osteopathy 
in  the  state  of  New  York  on  the  thirteenth  day  of  May, 
nineteen  hundred  and  seven,  and  who  shall  present  to 
the  board  of  regents  satisfactory  evidence  that  he  is  a 
graduate  in  good  standing  of  a  regularly  conducted 
school  or  college  of  osteopathy  within  the  United  States 
which  at  the  time  of  his  or  her  graduation  required  a 
course  of  study  of  two  years  or  longer,  including  the 
subjects  of  anatomy,  physiology,  pathology,  hygiene, 
chemistry,  obstetrics,  diagnosis  and  the  theory  and 
practice  of  osteopathy,  with  actual  attendance  of  not 
less  than  twenty  months,  which  facts  shall  be  shown 
by  his  or  her  diploma  and  affidavit,  shall  upon  applica- 
tion and  payment  of  ten  dollars  be  granted,  without 
examination,  a  license  to  practice  osteopathy,  provided 
application  for  such  license  be  made  within  six  months 
after  the  thirteenth  day  of  May,  nineteen  hundred  and 
seven.  A  license  to  practice  osteopathy  shall  not  per-  osteopaths 
mit  the  holder  thereof  to  administer  drugs  or  perform  not  t0  ad- 

.  minister 

surgery  with  the  use  of  instruments.     Licenses  to  prac-  drugs  or 
tice  osteopathy  shall  be  registered  in  accordance  with  perform 

surgery 

the  provisions  of  this  article,  and  the  word  osteopath 
be  included  in  such  registration;  and  such  license  shall 
entitle  the  holder  thereof  to  the  use  of  the  degree  D.  O., 
or  doctor  of  osteopathy.  (Am'd  by  L.  1918,  ch.  630,  in 
effect  May  11,  1918.) 

§    174.  Penalties    and   their   collection.     Any   person 


114  The  Public  Health  Manual 

Penalties  who,  not  being  then  lawfully  authorized  to  practice 
medicine  within  this  state  and  so  registered  according 
to  law,  shall  practice  medicine  within  this  state  with- 
out lawful  registration  or  in  violation  of  any  provision 
of  this  article;  and  any  person  who  shall  buy,  sell  or 
fraudulently  obtain  any  medical  diploma,  license,  record 
or  registration,  or  who  shall  aid  or  abet  such  buying, 
selling  or  fraudulently  obtaining,  or  who  shall  practice 
medicine  under  cover  of  any  medical  diploma,  license, 
record  or  registration  illegally  obtained,  or  signed,  or 
issued  unlawfully  or  under  fraudulent  representations 
or  mistake  of  fact  in  a  material  regard,  or  who,  after 
conviction  of  a  felony,  shall  attempt  to  practice  medi- 
cine, or  shall  so  practice,  and  any  person  who  shall  in 
connection  with  his  name  use  any  designation  tending 
to  imply  or  designate  him  as  a  practitioner  of  medicine 
within  the  meaning  of  this  article  without  having  regis- 
tered in  accordance  therewith,  or  any  person  who  shall 
practice  medicine  or  advertise  to  practice  medicine 
under  a  name  other  than  his  own,  or  any  person  not  a 
registered  physician  who  shall  advertise  to  practice 
medicine,  shall  be  guilty  of  a  misdemeanor.  Any  person 
who  shall  practice  medicine  under  a  false  or  assumed 
name,  or  who  shall  falsely  personate  another  practi- 
tioner or  former  practitioner  of  a  like  or  different  name, 
shall  be  guilty  of  a  felony.  When  any  prosecution 
under  this  article,  or  under  sections  eleven  hundred  and 
forty-two,  eighty,  eighty-one,  eighty-two,  seventeen 
hundred  and  forty-seven  of  the  penal  law,  and  any 
amendments  thereto,  is  made  on  the  complaint  of  any 
incorporated  medical  society  of  the  state,  or  any  county 
medical  society  entitled  to  representation  in  a  state 
society,  any  fines  collected  shall  be  paid  to  the  society 
making  the  complaint,  and  any  excess  of  the  amount  of 
fines  so  paid  over  the  expense  incurred  by  the  said 
society  in  enforcing  the  medical  laws  of  this  state,  shall 
be  paid  at  the  end  of  the  year  to  the  county  treasurer. 


Dental  Societies  and  the  Practice  of  Dentistry  115 


ARTICLE  IX 

Dental  societies  and  the  practice  of  dentistry 

Section  190.  Definitions. 

191.  State  dental  society. 

192.  District  dental  societies. 

193.  Powers  of  district  dental  societies. 

194.  Licentiates. 

195.  State  board  of  dental  examiners. 

196.  Examinations. 

197.  Degrees. 

198.  Licenses. 

199.  Registration. 

200.  Examination  fees. 

201.  Revocation  of  licenses. 

202.  Construction  of  this  article. 

203.  Penalties. 

§  190.  Definitions.     As  used  in  this  article,  the  terms  Board  of 
tc  university,"    "  regents  "    and    "  physicians  "    have    re-  amjners 
spectively  the  meanings  defined  in  article  eight  of  this 
chapter.     "  Board,"  where  not  otherwise  limited,  means  Defmi- 
the   board   of   dental   examiners   of   the    state   of   New 
York.      "-  Registered  medical   or   dental   school "   means 
a  medical  or  dental  school,  college  or  department  of  a 
university,  registered  by  the  regents  as  maintaining  a 
proper    educational    standard   and   legally    incorporated. 
"  Examiner,"    where   not   otherwise    qualified,   means   a 
member  of  the  board.     "  State  dental  society  "  means 
the  dental  society  of  the  state  of  New  York. 

Practice  of  dentistry.  A  person  practices  dentistry  Practice  o 
within  the  meaning  of  this  article,  who  holds  himself  defined 
out  as  being  able  to  diagnose,  treat,  operate,  or  pre- 
scribe for  any  disease,  pain,  injury,  deficiency,  deform- 
ity, or  physical  condition  of  the  human  teeth,  alveolar 
process,  gums,  or  jaws,  and  who  shall  either  offer  or 
undertake  by  any  means  or  method  to  diagnose,  treat, 


116 


The  Public  Health  Manual 


State 

dental 

society 


District 

dental 

societies 


operate  or  prescribe  for  any  disease,  pain,  injury,  de- 
ficiency, deformity,  or  physical  condition  of  the  same. 
(Am'd  by  L.  1916,  ch.  129,  in  effect  April  5,  1916.) 

§  191.  State  dental  society.  The  dental  society  of 
the  state  of  New  York  is  continued,  and  shall  be  com- 
posed of  eight  delegates  from  each  district  society,  di- 
vided into  four  classes  of  two  delegates  each,  to  be 
elected  annually,  and  of  two  delegates  from  each  incor- 
porated dental  school  of  the  state  to  be  elected  annu- 
ally. The  state  dental  society  shall  annually  meet  on 
the  second  Wednesday  of  May,  or  at  such  other  time 
and  at  such  place  as  may  be  determined  on  in  the 
by-laws  of  the  society  or  by  resolution,  at  the  preceding 
annual  meeting.  Twenty  members  shall  be  a  quorum. 
The  society  shall  elect  annually  a  president,  vice-presi- 
dent, secretary  and  treasurer,  who  shall  hold  their  offices 
for  one  year,  and  until  others  shall  be  chosen  in  their 
places,  and  may  elect  permanent  members  at  any  annual 
meeting  from  among  members  of  district  societies  of  the 
state,  who  shall  have  all  the  privileges  of  delegate  mem- 
bers; the  number  of  permanent  members  so  elected  shall 
be  fixed  by  the  by-laws  of  the  society.  The  society  may 
elect  honorary  members  from  any  state  or  country  not 
eligible  to  regular  membership,  who  shall  not  be  entitled 
to  vote  or  hold  any  office  in  the  society.  (Am'd  by  L. 
1912,  ch.   171,  in  effect  April  5,  1912.) 

§  192.  District  dental  societies.  The  existing  district 
dental  societies  are  continued.  In  any  judicial  district 
in  which  a  district  dental  society  is  not  now  incorpo- 
rated, fifteen  or  more  dentists  of  such  district  author- 
ized to  practice  dentistry  in  this  state  may  become  a 
district  dental  society  of  such  district,  by  publishing  a 
call  for  a  meeting  of  the  dentists  of  the  district  to  be 
held  at  a  time  and  place  mentioned  therein  within  the 
district,  in  at  least  one  newspaper  in  each  county  of 
the  district,  at  least  once  a  week  for  at  least  four  weeks 
immediately  preceding  the  time  when  such  meeting  is 


Dental  Societies  and  the  Peactice  of  Dentistry  117 

to  be  held,  and  by  meeting  at  the  time  and  place  speci- 
fied in  such  notice  with  such  dentists  authorized  to 
practice  dentistry  in  the  district  as  may  respond  to 
such  call,  and  by  making  and  filing  with  the  secretary 
of  the  state  dental  society  a  certificate,  to  be  executed 
and  acknowledged  by  the  dentists  so  meeting,  or  by  at 
least  fifteen  of  them,  which  shall  set  forth  that  such 
meeting  has  been  held  pursuant  to  such  notice,  the  cor- 
porate name  of  the  society,  which  shall  be  the  district 
dental  society  of  the  judicial  district  where  located,  the 
names  and  places  of  residence  of  the  officers  of  the  soci- 
ety for  the  first  year,  or  until  the  first  annual  meeting, 
which  officers  shall  be  a  president,  vice-president,  secre- 
tary and  treasurer,  the  time  and  place  of  the  annual 
meeting  of  the  society,  the  general  objects  and  purposes 
of  the  association  and  the  names  of  eight  delegates  to 
the  state  society  divided  into  four  classes  of  two  dele- 
gates each,  to  hold  office  until  the  first,  second,  third 
and  fourth  annual  meeting  thereafter,  respectively. 
And  thereon  the  persons  executing  such  certificate  and 
all  other  dentists  in  good  standing  and  authorized  to 
practice  dentistry  in  such  district,  who  shall  subscribe 
to  its  by-laws,  shall  be  a  corporation  by  the  name  ex- 
pressed in  such  certificate. 

§    193.  Powers    of   district    dental   societies.      Every  Powers   of 
licensed  and  registered  dentist  in  the  judicial  district  ^^"i* 
in  which    such   society  is  formed,   shall  be   eligible  to  societies 
membership  in  the  district  society  of  the  district  where 
he  resides  or  practices  dentistry.     Every  district  soci- 
ety shall  at  every  annual  meeting  choose  two  delegates 
to  the  state  dentpl  society,  each  to  serve  four  years,  and 
may  fill  all  vacancies  occurring  in  their  respective  dele- 
gations in  the  state  society.     Every  district  dental  soci- 
ety shall  at  its  annual  meeting  appoint  not  less  than 
three  nor  more  than  five  censors  to  continue  in  office 
for  one  year  and  until  others  are  chosen,  who  shall  con- 
stitute a  district  board  of  censors.     The  dental  societies 


118  The  Public  Health  Manual 

of  the  respective  districts  of  the  state  shall  have  power 
to  make  all  needful  by-laws  not  inconsistent  with  the 
laws  of  this  state  for  the  management  of  their  affairs 
and  property  and  the  admission  and  expulsion  of  mem- 
bers; providing,  that  no  by-law  of  any  district  society 
shall  be  repugnant  to  or  inconsistent  with  the  by-laws 
of  the  state  society.  Said  societies  may  purchase  and 
hold  real  and  personal  estate  for  the  purposes  of  their 
incorporation;  provided  that  the  property  of  a  district 
society  shall  not  exceed  in  value  five  thousand  dollars, 
and  the  property  of  the  state  society  shall  not -exceed  in 
value  twenty-five  thousand  dollars. 
Licen"  §   194.  Licentiates.     Only  the  following  persons  shall 

T.13.T.GS 

be  deemed  licensed  to  practice  dentistry: 

1.  Those  duly  licensed  and  registered  as  dentists  in 
this  state  prior  to  the  first  day  of  August,  eighteen 
hundred  and  ninety-five,  pursuant  to  the  laws  in  force 
at  the  time  of  their  license  and  registration. 

2.  Those  duly  licensed  and  registered  after  the  first 
day  of  August,  eighteen  hundred  and  ninety-five,  pur- 
suant to  the  provisions  of  this  chapter. 

state  board  §  195.  State  board;  secretary.  1.  State  board  of 
ftiamtnpri  dental  examiners.  The  existing  state  board  of  dental 
examiners  shall  be  divided  into  four  classes  and  their 
terms  of  office  shall  continue  except  that  said  terms 
shall  expire  on  the  thirty-first  day  of  July  in  each 
year.  After  July  thirty-first,  nineteen  hundred  and 
ten,  the  state  board  of  dental  examiners  shall  be  in- 
creased by  the  addition  of  a  member  residing  in  the 
ninth  judicial  district,  who  shall  be  appointed  in  the 
manner  provided  by  this  section,  for  a  term  of  four 
years,  commencing  on  the  first  day  of  August, 
nineteen  hundred  and  ten,  and  who  shall  be  a  mem- 
ber of  the  class  whose  terms  commence  on  such  date. 
Before  the  day  when  the  official  terms  of  the  mem- 
bers of  any  of  said  classes  shall  expire,  the  regents 
shall    appoint  their   successors,   to   serve   for  the  term 


examiners 


Dental  Societies  and  the  Practice  of  Dentistry  119 

of  four  years  from  said  day.  Such  appointment  shall 
be  made  from  nominations  in  number  twice  the  num- 
ber of  the  outgoing  class  made  by  such  society  to 
the  regents  prior  to  the  second  Tuesday  in  June  of 
each  year,  or  in  default  of  such  nominations  from 
the  licensed  and  registered  dentists  of  the  state  who 
have  been  members  of  the  state  dental  society  for  not 
less  than  ten  years  prior  to  the  time  of  the  appoint- 
ment. The  regents,  in  the  same  manner,  shall  also  fill 
vacancies  in  the  board  that  may  occur.  All  nomina-  Vacaucies 
tions  and  appointments  shall  be  so  made  that  every 
vacancy  in  the  board  shall  be  filled  by  a  resident  of  the 
same  judical  district  in  which  the  last  incumbent  of  the 
office  resided.  The  board  shall  elect  at  its  annual  meet-  Meetings 
ing  from  its  members  a  president  and  shall  hold  one  or 
more  meetings  each  year  pursuant  to  call  of  the  regents. 
Xo  person  shall  be  appointed  an  examiner  unless  he  Quaiifica- 
shall  have  received  a  dental  degree  from  a  body  law- 
fully entitled  to  confer  the  same,  and  in  good  stand- 
ing at  the  time  of  its  conferment,  and  shall  have  been 
engaged  within  the  state  during  not  less  than  five 
years  prior  to  his  appointment  in  the  actual  and  law- 
ful practice  of  dentistry.  Nor  shall  any  person  con- 
nected with  a  dental  school  as  professor,  trustee  or 
instructor  be  eligible  to  such  appointment.  Cause 
being  shown  before  them  the  regents  may  remove  an  Removal 

bv    rf?crant  > 

examiner  from  office  on  proven  charges  of  inefficiency, 
incompetency,  immorality  or  unprofessional  conduct. 

2.  Secretary  of  the  board.  The  secretary  shall  be  a  Secretary 
licensed  dentist  who  has  been  in  practice  in  this  state 
for  at  least  five  years  with  a  degree  of  D.D.S.  He 
shall  be  appointed  by  the  regents,  shall  hold  office  dur- 
ing tbeir  pleasure,  and  shall  receive  an  annual  salary 
of  four  thousand  dollars,  payable  from  moneys  re- 
ceived under  this  article.  He  shall  have  such  powers 
and  shall  perform  such  duties  as  are  prescribed  by  the 
rules  of  the  regents.  (Am'd  by  L.  1910,  ch.  137  and 
L.  1916,  ch.  129,  in  effect  Sept.  1,  1916.) 


120  The  Public  Health  Manual 

Examina-  §    196.    Examinations.     The   regents    shall   admit   to 

examination  any  candidate  who  shall  pay  the  fee  herein 
prescribed  and  submit  satisfactory  evidence,  verified  by 
oath  if  required,  that  he: 

1.  Is  more  than  twenty-one  years  of  age; 

2.  Is  of  good  moral  character; 

3.  Has  a  preliminary  education  equivalent  to  grad- 
uation from  a  four  year  high  school  course  registered 
by  the  regents,  or  an  education  accepted  by  the  re- 
gents as  fully  equivalent. 

4.  Subsequently  to  receiving  such  preliminary  edu- 
cation either  has  been  graduated  in  course  with  a  den- 
tal degree  from  a  registered  dental  school,  or  else, 
having  been  graduated  in  course  from  a  registered 
medical  school  with  a  degree  of  doctor  of  medicine,  has 
pursued  thereafter  a  course  of  special  study  of  den- 
tistry for  at  least  two  years  in  a  registered  dental 
school  and  received  therefrom  its  degree  of  doctor  of 
dental  surgery,  or  else  holds  a  diploma  or  license  con- 
ferring full  right  to  practice  dentistry  in  some  other  of 
the  United  States  or  in  some  foreign  country  and 
granted  by  some  licensing  board,  college,  school  or  uni- 
versity registered  by  the  regents  as  maintaining  an 
educational  standard  equal  to  that  required  of  dental 
colleges  of  this  state,  or  else  has  lawfully  practiced  den- 
tistry for  more  than  twenty-five  years  without  this 
state  and  within  the  United  States;  but  the  exami- 
nation for  those  who  have  lawfully  practiced  for 
twenty -five  years  in  other  states  shall  be  a  practical 
examination  only.  The  regents  may  also  in  their  dis- 
cretion on  or  after  June  first,  nineteen  hundred  and 
sixteen,  admit  conditionally  to  the  examination  in  anat- 
omy, physiology,  chemistry  and  metallurgy  and  his- 
tology, applicants  twenty  years  of  age  certified  as  hav- 
ing studied  dentistry  not  less  than  two  years,  includ- 
ing two  satisfactory  courses  in  two  different  calendar 
years,  in  a  dental  school  registered  as  maintaining  at 


Dental  Societies  and  the  Practice  of  Dentistry  121 

the  time  a  satisfactory  standard,  provided  that  such 
applicants  meet  the  second  and  third  requirements  of 
candidates  for  examination.  If  a  candidate  fails,  on 
final  examination,  he  may  have  a  second  examination 
without  fee;  but  for  every  examination  subsequent  an 
additional  fee  of  twenty-five  dollars  shall  be  required. 
Any  member  of  the  board  may  inquire  of  any  appli- 
cant for  examination  concerning  his  qualifications  and 
may  take  testimony  of  any  one  in  regard  thereto,  under 
oath,  which  he  is  hereby   empowered  to  administer. 

5.  Any  dental  dispensary  or  infirmary  'legally  incor- 
porated and  registered  by  the  regents,  and  maintain- 
ing a  proper  standard  and  equipment  may  establish 
for  women  students  a  course  of  study  in  oral  hygiene, 
all  such  students  upon  entrance  shall  present  evidence 
of  attendance  of  one  year  in  the  high  school,  and  may 
be  graduated  in  one  year  as  dental  hygienists,  upon 
complying  with  the  preliminary  requirements  to  exam- 
ination by  the  board,  which  are: 

A.  A  fee  of  five  dollars. 

B.  Evidence  that  they  are  at  least  twenty  years  of 
age  and  of  good  moral  character. 

C.  That  they  "have  :  complied  with  and  fulfilled  the 
preliminary  and  professional  requirements  and  the  re- 
quirements of  the  statute. 

After  having  satisfactorily  passed  such  examination 
they  shall  be  registered"  and  licensed  as  dental  hygien- 
ists by  the  regents  under  such  rules  as  the  regents  shall 
prescribe. 

6.  Any  licensed  dentist,  public  institution  or  school 
authorities  may  employ  such  licensed  and  registered 
dental  hygienists.  Such  dental  hygienists  may  remove 
lime  deposits,  accretions  and  stains  from  the  exposed 
surfaces  of  the  teeth,  but  shall  not  perform  any  other 
operation  on  the  teeth  or  tissues  of  the  mouth.  They 
may  operate  in  the  office  of  any  licensed  dentist,  or 
in  any  public  institution   or  in  the   schools  under  the 


122 


The  Public  Health  Manual 


general  direction  or  supervision  of  a  licensed  dentist, 
but  nothing  herein  shall  be  construed  as  authorizing 
any  dental  hygienist  performing  any  operation  in  the 
mouth  without  supervision.  The  regents  may  revoke 
the  license  of  any  licensed  dentist  who  shall  permit  any 
dental  hygienist  operating  under  his  supervision  to 
perform  any  operation  other  than  that  permitted  under 
the  provisions  of  this  section,  and  they  may  also  re- 
voke the  license  of  any  dental  hygienist  violating  the 
provisions  of  this  act.  (Am'd  by  L.  1911,  ch.  786  and 
L.  1916,  ch.  129,  in  effect  Sept.  1,  1916.) 
Degrees  §     197.    Degrees.     No    degree    in    dentistry    shall    be 

conferred  in  this  state  except  the  degree  of  doctor  of 
dental  surgery.  Said  degree  shall  not  be  conferred 
upon  any  one  unless  he  shall  after  January  first,  nine- 
teen hundred  and  twenty-one,  have  satisfactorily  com- 
pleted a  course  of  at  least  four  years  in  a  registered 
dental  school,  and  prior  to  that  date  a  course  of  at 
least  three  years,  or  having  been  graduated  in  course 
from  a  registered  medical  school  with  the  degree  of 
doctor  of  medicine  shall  have  pursued  satisfactorily 
thereafter  a  course  of  special  study  of  dentistry  for  at 
least  two  years  in  a  registered  dental  school;  nor  shall 
said  degree  be  conferred  upon  any  one  matriculating 
after  January  first,  nineteen  hundred  and  sixteen,  unless 
prior  to  matriculation  in  the  institution  conferring 
this  professional  education,  he  shall  have  filed  a  re- 
gents' certificate  that  he  had  the  minimum  education 
required  by  the  regents;  provided,  further,  however, 
that  the  regents  may  confer  upon  all  persons  who  shall 
have  received  the  degree  of  master  of  dental  surgery 
under  the  laws  of  this  state,  prior  to  March  twenty- 
eighth,  nineteen  hundred  and  one,  the  degree  of  doc- 
tor of  dental  surgery  in  lieu  of  said  master's  degree. 
(Am'd  by  L.  1916,  ch.  129,  in  effect  Sept.  1,  1916.) 
Licenses  §   198.  Licenses.     1.  On  certification  'by  the  board  of 

dental    examiners    that    a    candidate    has    successfully 


Dental  Societies  and  the  Practice  of  Dentistry  123 

passed  its  examinations  and  is  competent  to  practice 
dentistry,  the  regents  shall  issue  to  him  their  license 
so  to  practice  pursuant  to  the  rules  established  by 
them.  On  the  recommendation  of  the  board,  the  re- 
gents may  also,  without  the  examination  hereinbefore 
provided  for,  issue  their  license  to  any  applicant  there- 
for who  shall  furnish  proof  satisfactory  to  them  that 
he  has  been  duly  graduated  from  a  registered  dental 
school  and  has  been  thereafter  lawfully  and  reputably 
engaged  in  such  practice  for  six  years  next  preceding  his 
application;  or  who  holds  a  license  to  practice  dentis- 
try in  any  other  state  of  the  United  States  granted 
by  a  state  board  of  dental  examiners,  indorsed  by  the 
dental  society  of  the  state  of  New  York,  provided, 
that  in  either  case  his  preliminary  and  professional 
education  shall  have  been  not  less  than  required  in 
this  state.  Every  license  so  issued  shall  state  on  its 
face  the  grounds  on  which  it  is  granted  and  the  appli- 
cant may  be  required  to  furnish  his  proof  on  affidavit. 

2.  Upon  recommendation  of  the  board,  the  regents 
may  issue  a  permit  to  graduates  from  the  dental 
colleges  of  this  state  to  be  employed  in  registered 
dental  dispensaries,  infirmaries  and  public  institutions 
while  under  the  direction  or  supervision  of  a 
licensed  dentist  in  the  interim  between  graduation  and 
one  year  thereafter.  This  permit  may  be  revoked  for 
cause.  No  such  permit  shall  be  issued  except  such 
graduate  has  definite  offer  of  a  position  in  such  dental 
dispensaries,  infirmaries  or  public  institutions.  (Am'd 
by  L.  1916,  ch.  129,  in  effect  Sept  1,  1916.) 

§  199.  Registration.  1.  Every  person  practicing  den-  Registra- 
tistry  in  this  state  and  not  lawfully  registered  before 
April  seventeenth,  eighteen  hundred  and  ninety- six,  shall 
register  in  the  office  of  the  clerk  of  the  county  where 
his  place  of  business  is  located,  in  a  book  kept  by  the 
clerk  for  such  purpose,  his  name,  age,  office  and  post- 
office  address,  date  and  number  of  his  license  to  practice 


124  The  Public  Health  Manual 

dentistry  and  the  date  of  such  registration,  which  regis- 
tration he  shall  be  entitled  to  make  only  upon  showing 
to  the  county  clerk  his  license  or  a  duly  authenticated 
copy  thereof,  and  making  an  affidavit  stating  name,  age, 
birthplace,  the  number  of  his  license  and  the  date  of  its 
issue;  that  he  is  the  identical  person  named  in  the 
license;  that  before  receiving  the  same  he  complied  with 
all  the  preliminary  requirements  of  this  article  and  the 
rules  of  the  regents  and  board  as  to  the  terms  and  the 
amount  of  study  and  examination;  that  no  money, 
other  than  the  fees  prescribed  by  this  article  and  said 
rules,  was  paid  directly  or  indirectly  for  such  license; 
and  that  no  fraud,  misrepresentation  or  mistake  in  a 
material  regard  was  employed  or  occurred  in  order  that 
such  license  should  be  conferred.  The  county  clerk  shall 
preserve  such  affidavit  in  a  bound  volume  and  shall  issue 
to  every  licentiate  duly  registering  and  making  such 
affidavit,  a  certificate  of  registration  in  his  county, 
which  shall  include  a  transcript  of  the  registration. 
Such  transcript  and  the  license  may  be  offered  as  pre- 
sumptive evidence  in  all  courts  of  the  facts  stated 
therein.  The  county  clerk's  fee  for  taking  such  regis- 
tration and  affidavit  and  issuing  such  certificate,  shall 
be  one  dollar.  Any  person  who  having  lawfully  regis- 
tered as  aforesaid  shall  thereafter  change  his  name  in 
any  lawful  manner  shall  register  the  new  name  with 
marginal  note  of  the  former  name;  and  shall  note  upon 
the  margin  of  the  former  registration  the  fact  of  such 
change  and  a  cross  reference  to  the  new  registration.  A 
county  clerk  who  knowingly  shall  make  or  suffer  to  be 
made  upon  the  book  of  registry  of  dentists  kept  in  his 
office  any  other  entry  than  is  provided  for  in  this 
article  shall  be  liable  to  a  penally  of  fifty  dollars  to  be 
recovered  by  the  State  Dental  Society  in  a  suit  in  any 
court  having  jurisdiction. 

2.  A  county  clerk  having  properly  issued  a  certificate 
of  registration   to   a   licensed   dentist,   shall   forward  a 


Dental  Societies  and  the  Practice  of  Dentistry  125 

duly  attested  copy  of  the  same,  and  a  copy  of  the 
affidavit  and  evidence  upon  which  said  certificate  was 
issued  to  the  secretary  of  the  board  within  thirty  days 
of  such  initial  registration  of  a  duly  licensed  dentist. 
On  or  before  the  first  of  May  of  each  year  the  secre- 
tary of  the  board  shall  mail  to  every  dentist  regis- 
tered in  the  state  of  New  York  a  blank  application  for 
re-registration,  addressing  the  same  in  accordance  with 
the  post-office  address  given  at  the  last  previous 
registration.  Upon  receipt  of  such  application  blank, 
which  shall  contain  space  for  the  insertion  of  his 
name,  office  and  post-office  address,  date  and  num- 
ber of  his  license,  and  such  other  information  as 
the  regents  deem  necessary;  and  he  shall  sign  and 
swear  to  the  accuracy  of  the  same  before  a  notary 
public,  after  which  he  shall  forward  this  sworn 
statement  and  application  for  renewal  of  his  regis- 
tration certificate  to  the  secretary  of  the  board 
together  with  the  fee  of  two  dollars.  Upon  receipt  of 
such  application  and  fee,  and  having  verified  the  accu- 
racy of  the  same  by  comparison  with  the  applicant's 
initial  registration  statements  the  secretary  of  the  board 
shall  issue  a  certificate  of  registration  which  shall  render 
the  holder  thereof  a  legal  practitioner  of  dentistry  for 
the  ensuing  year.  These  certificates  of  registration 
shall  all  bear  date  of  September  first  of  the  year  of 
issue,  and  shall  expire  on  the  thirty-first  day  of  August 
in  the  year  following.  Applications  for  renewal  of  regis- 
tration therefore  must  be  made  on  or  before  the  first 
day  of  September  of  each  year,  and  if  not  so  made  an 
additional  fee  of  one  dollar  for  each  thirty  days  of 
delay  beyond  the  first  day  of  September  and  up  to  the 
first  day  of  January,  shall  be  added  to  the  regular  fee. 
On  the  first  day  of  January  of  each  year,  or  within  ten 
days  thereafter,  the  secretary  of  the  board  shall  pub- 
lish and  mail  to  every  registered  dentist  in  the  state  of 
New   York   a   printed   copy   of   the   dental   law    and    a 


126  The  Public  Health  Manual 

printed  list  of  the  legally  registered  dentists  within  the 
state,  and  each  such  published  list  shall  contain  at 
the  beginning  thereof  these  words :  "  Each  registered 
dentist  receiving  this  list  is  requested  to  report  to  the 
secretary  of  the  board  the  name*  and  addresses  of  any 
dentists  known  to  be  practicing  dentistry,  whose  names 
do  not  appear  in  this  registry.  The  names  of  persons 
giving  such  information  shall  not  be  divulged."  Should 
any  dentist  continue  to  practice  dentistry  beyond  the 
first  day  of  January,  despite  the  fact  that  his  name 
does  not  appear  in  the  registry,  he  shall  be  counted  as 
an  illegal  practitioner,  and  his  license  may  be  suspended 
or  revoked  by  the  regents,  in  accordance  with  the  pro- 
visions of  section  two  hundred  and  one.  All  practi- 
tioners of  dentistry  already  registered  in  this  state  at 
the  time  of  the  passage  of  this  act,  shall  make  applica- 
tion to  the  secretary  of  the  board  for  the  re-registra- 
tion blank  upon  receipt  of  which  he  shall,  in  like  man- 
ner already  described,  make  application  for  re-registra- 
tion, fowarding  to  the  secretary  of  the  board  the  re- 
registration  blank  properly  filled  in  and  accompanied 
by  the  fee  of  two  dollars.  Said  application  and  fee 
must  reach  the  secretary  on  or  before  the  first  day  of 
December  following  the  adoption  of  this  statute;  fail- 
ing which  the  delinquent  shall  be  dealt  with  as  outlined 
in  section  two  hundred  and  one.  (Am'd  by  L.  1915,  ch. 
54  and  L.  1916,  ch.  129,  in  effect  Sept  1,  1916.) 
Examina-  §  200.  Examination  fees;  expenses.     Every  applicant 

tion  fees  ^QT  iicense  £0  practice  dentistry  shall  pay  a  fee  of  not 
more  than  twenty-five  dollars.  All  fees,  fines,  penalties 
and  other  moneys  derived  from  the  operation  of  this 
article  shall  be  applied  by  the  regents  in  the  payment 
of  all  proper  expenses  incurred  by  them  under  its  pro- 
Expenses  visions,  including  the  salary  and  expenses  of  the  secre- 
tary of  the  board,  the  compensation  and  expenses  of 


*  So  in  original 


Dental  Societies  Ax\d  the  Practice  of  Dentistry  127 

the  members  of  such  board,  and  all  other  expenses  per- 
taining to  the  enforcement  of  the  provisions  of  this  arti- 
cle. All  expenses  of  the  state  dental  society  incurred 
by  them  in  the  prosecution  of  illegal  practitioners  of 
dentistry  shall  be  paid  out  of  the  first  year's  receipts, 
upon  the  indorsement  of  the  auditing  committee  of 
the  state  dental  society.  (Am'd  by  L.  1916,  ch.  129,  in 
effect  Sept  1,  1916.) 

§  201.  Revocation  of  licenses.  1.  If  any  practitioner  Revoca- 
of  dentistry  should  fail  to  register  in  time  for  the  ap-  ileuses 
pearance  of  his  name  in  the  published  list  of  registered 
dentists,  in  accordance  with  the  provisions  of  section 
one  hundred  and  ninety-nine  the  regents  shall  notify 
said  delinquent  to  appear  before  them  at  an  appointed 
time  and  place,  and  if  his  explanation  of  his  failure  to 
have  registered  shall  be  satisfactory  to  the  regents,  he 
may  be  reinstated  and  his  name  added  to  the  registry; 
and  the  regents  may  also  at  their  option  remit  the 
additional  fees  accruing  because  of  delay  in  registering. 
But  should  the  delinquent's  explanation  prove  unsatis- 
factory, the  regents  may  suspend  the  person  from  the 
practice  of  dentistry  for  a  limited  season;  or  the  re- 
gents may  revoke  the   person's   license. 

2.  If  any  practitioner  of  dentistry  be  charged  under 
oath  before  the  board,  with  unprofessional  or  immoral 
conduct,  or  with  gross  ignorance,  or  inefficiency  in  his 
jjrofession,  or  with  fraud  or  deceit  in  procuring  admis- 
sion to  practice,  the  board  shall  notify  him  to  appear 
before  a  committee  of  three  of  the  board  at  an  ap- 
pointed time  and  place,  with  counsel,  if  he  so  desires, 
to  answer  said  charges,  furnishing  to  him  a  copy  there- 
of. Upon  the  report  of  the  board  to  the  regents  that 
the  accused  has  been  guilty  of  unprofessional  or  im- 
moral conduct,  or  that  he  is  grossly  ignorant  or  in- 
efficient in  his  profession,  or  of  fraud  or  deceit  in  pro- 
curing admission  to  practice,  the  regents  may,  without 
further  hearing,   suspend   the   person   so   charged   from 


The  Public  Health  Manual 

the  practice  of  dentistry  for  a  limited  season,  or  may 
revoke  his  license.  Upon  the  revocation  of  any  license, 
the  fact  shall  be  noted  upon  the  records  of  the  regents 
and  the  license  shall  be  marked  as  canceled,  of  the  date 
of  its  revocation.  Upon  presentation  of  a  certificate 
of  such  cancellation  to  the  clerk  of  any  county  wherein 
the  licentiate  may  be  registered,  said  clerk  shall  note 
the  date  of  the  cancellation  on  the  register  of  dentists 
and  cancel  the  registration.  A  conviction  of  felony 
shall  forfeit  a  license  to  practice  dentistry,  and  upon 
presentation  to  the  regents  or  a  county  clerk  by  any 
public  officer  or  officer  of  a  dental  society  of  a  certi- 
fied copy  of  a  court  record  showing  that  a  practitioner 
of  dentistry  has  been  convicted  of  felony,  that  fact 
shall  be  noted  on  the  record  of  license  and  clerk's  reg- 
ister, and  the  license  and  registration  shall  be  marked 
"  canceled."  Any  person  who,  after  conviction  of  a 
felony  shall  practice  dentistry  in  this  state,  shall  be 
subject  to  all  the  penalties  prescribed  for  the  unlicensed 
practice  of  dentistry,  providing  that  if  such  conviction 
be  subsequently  reversed  upon  appeal  and  the  accused 
acquitted  or  discharged,  his  license  shall  become  again 
operative  from  the  date  of  such  acquittal  or  discharge. 
(Am'd  by  L.  1916,  ch.  129,  in  effect  Sept  1,  1916.) 

§  202.  Construction  of  this  article.  This  article  shall 
not  be  construed  to  prohibit  an  unlicensed  person  from 
performing  merely  mechanical  work  upon  inert  matter 
in  a  dental  office  or  laboratory;  or  a  student  in  an 
incorporated  dental  school  or  college,  registered  by  the 
regents,  from  performing  operations  for  purposes  of 
clinical  study  under  the  supervision  and  instruction 
of  preceptors;  or  a  duly  licensed  physician  from  treat- 
ing diseases  of  the  mouth  or  performing  operations  in 
oral  surgery.  But  nothing  in  this  article  shall  be  con- 
strued to  permit  the  performance  of  independent  dental 
operations  by  an  unlicensed  person  under  cover  of  the 


Dental  Societies  and  the  Practice  of  Dentistry  129 

name    of    a    registered    practitioner    or    in    his    office. 
(Am'd  L.  1916,  cli.  129,  in  effect  Sept.  1,  1916.) 

§  203.  Penalties  and  their  collection.  A.  A  person 
who,  in  any  county  of  this  state,  practices  dentistry, 
not  being  at  the  time  of  said  practice  a  dentist  licensed 
to  practice  as  such  in  this  state  and  registered  in  the 
office  of  the  clerk  of  such  county,  pursuant  to  the  gen-  Penalties 
eral  laws  regulating  the  practice  of  dentistry,  is  guilty 
of  a  misdemeanor  and  punishable  upon  conviction  of  a 
first  offense  by  a  fine  of  not  less  than  fifty  dollars 
and  upon  conviction  of  a  subsequent  offense  by  a  fine 
not  less  than  one  hundred  dollars,  or  by  imprisonment 
for  not  less  than  two  months,  or  by  both  such  fine  and 
imprisonment.  Any  violation  of  this  section  by  a  per- 
son theretofore  convicted  under  the  then  existing  laws 
of  this  state  of  practicing  dentistry  without  license  or 
registration,  shall  be  included  in  the  term  "  a  subsequent 
offense."  Every  conviction  of  unlawful  practice  subse- 
quent to  a  first  conviction  thereof  shall  be  a  conviction 
of  a  second  offense.  Every  practitioner  of  dentistry 
must  display  conspicuously  upon  the  house  or  in  the 
dental  office  wherein  he  practices,  his  full  name.  If 
there  are  more  dental  chairs  than  one  in  any  dental 
office  the  name  of  the  practitioner  practicing  at  each 
chair  must  be  displayed  conspicuously  on  or  by  said 
chair  in  plain  sight  of  the  patient.  Any  person  who 
shall  practice  dentistry  personally  or  by  hiring  or  pro- 
curing another  to  practice  and  shall  fail  so  to  display 
or  cause  to  be  displayed  the  name,  license  and  registra- 
tion certificate  of  himself  and  any  person  practicing 
or  employed  to  practice  as  a  dentist  or  dental  hygienist 
in  his  dental  office  or  any  dental  office  under  his  con- 
trol, shall  be  guilty  of  a  misdemeanor  and  punishable 
upon  a  first  conviction  by  a  fine  of  not  less  than  fifty 
dollars  or  more  than  five  hundred  dollars  or  by  im- 
prisonment for  not  more  than  one  year,  and  upon  every 
subsequent  conviction  by  a  fine  of  not  less  than  one  hun- 
5 


130  The  Public  Health  Manual 

dred  dollars,  or  by  imprisonment  for  not  less  than 
sixty  days,  or  by  both  fine  and  imprisonment.  Any 
person  who  shall  employ,  hire,  procure,  or  induce  one 
who  is  not  duly  licensed  and  registered  as  a  dentist  to 
practice  dentistry,  or  shall  aid  or  abet  one  not  so 
licensed  and  registered  in  such  practice  shall  be  guilty 
of  a  misdemeanor  and  punishable  by  a  fine  of  not  less 
than  fifty  dollars  or  more  than  five  hundred  dollars, 
or  by  imprisonment  for  not  more  than  a  year,  or  by 
both  such  fine  and  imprisonment;  providing  that  a 
person  practiced  upon  by  an  unlicensed  or  unregistered 
dentist  shall  not  be  deemed  an  accomplice,  employer, 
hirer,  procurer,  inducer,  aider,  or  abettor  within  the 
meaning  of  this  section. 

B.  A  person  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  every  conviction  thereof  shall  be  punished 
by  a  fine  of  not  less  than  two  hundred  and  fifty  dollars, 
or  by  imprisonment  for  not  less  than  six  months,  or 
by   both  fine   and   imprisonment,   who 

1.  Shall  sell  or  barter  or  offer  to  sell  or  barter,  or, 
not  being  lawfully  authorized  so  to  do,  shall  issue  or 
confer  or  offer  to  issue  or  confer  any  dental  degree, 
license  or  any  diploma  or  document  conferring  or  pur- 
porting to  confer  any  dental  degree  or  license  or  any 
certificate  or  transcript  made  or  purporting  to  be  made 
pursuant  to  the  laws  regulating  the  license  and  regis- 
tration  of   dentists;    or 

2.  Shall  purchase  or  procure  by  barter  any  diploma, 
certificate  or  transcript,  with  intent  that  the  .  same 
shall  be  used  as  evidence  of  the  qualifications  to  prac- 
tice dentistry  of  any  person  other  than  the  one  upon 
or  to  whom  it  was  lawfully  conferred  or  issued  or  in 
fraud  of  the  laws  regulating  such  practice;  or, 

3.  Shall  use  or  attempt  to  use  any  diploma,  certifi- 
cate or  transcript  which  has  been  purchased,  fraudu- 
lently issued,  counterfeited  or  materially  altered  either 


Dental  Societies  and  the  Pkactice  of  Dentistry  131 

as  a  license  or  color  of  license  to  practice  dentistry  or 
in  order  to  procure  registration  as  a  dentist;  or, 
.  4.  Shall  practice  dentistry  under  a  false  or  assumed 
name  or  under  the  license  of  registration  of  another 
person  of  the  same  name  or  under  the  name  of  a  cor- 
poration, company,  association,  parlor  or  trade  name; 
provided  that  legally  incorporated  dental  corporations 
existing  and  in  operation  prior  to  January  first,  nine- 
teen hundred  and  sixteen,  may  continue  so  operating 
while  conforming  to  the  provisions  of  this  act.  Their 
advertising  subject  to  the  rules  of  the  regents,  and 
employees  of  said  corporations  shall  be  licensed  and 
registered  dentists,  and  corporations  that  cease  to  exist 
or  operate  for  any  reason  whatsoever  shall  not  be  per- 
mitted to  resume  operation;   or, 

5.  Shall  assume  the  degree  of  bachelor  of  dental  surg- 
ery, doctor  of  dental  surgery,  or  master  of  dental  surg- 
ery, or  shall  append  the  letters  B.D.S.,  D.D.S.,  M.D.S., 
D.  M.  D.,  to  his  name,  or  make  use  of  the  same  or  shall 
prefix  to  his  name  the  title  doctor  or  any  abbreviation 
thereof,  not  having  had  duly  conferred  upon  him  by 
diploma  from  some  college,  school  or  board  of  examin- 
ers legally  empowered  to  confer  the  same,  the  right  to 
assume  said  titles;  or  shall  assume  any  title  or  append 
or  prefix  any  letters  to  his  name  with  the  intent  to 
represent  falsely  that  he  has  received  a  medical  or 
dental  degree  or  license;  or  shall  represent  that,  not 
having  been  licensed  to  practice  dentistry  under  the 
laws  of  this  state,  he  is  entitled  so  to  practice;  pro- 
vided that  any  licentiate  may  use  the  prefix  to  his  name 
of  "  doctor  "  or  "  Dr."' ;  or, 

6.  Shall  falsely  personate  another  at  any  examination 
held  by  the  regents  or  by  the  board,  of  the  preliminary  x 
or  professional  education  of  candidates  for  dental  stu- 
dent's certificates,  dental  degrees  or  licenses,  or  who 
shall  induce  another  to  make  or  aid  and  abet  in  the 
making  of  such  false  personation,  or  who  shall  know- 


132  The  Public  Health  Manual 

ingly  avail  himself  of  the  benefit  of  such  false  per- 
sonation, or  who  shall  knowingly  or  negligently  make 
or  induce  another  to  make  falsely  any  certificate 
required  by  the  regents  or  board  in  connection  with 
their  examinations. 

C.  Any  person  who  in  any  affidavit  or  examination 
required  of  an  applicant  for  examination,  license  or 
registration  under  the  laws  regulating  the  practice  of 
dentistry,  or  under  the  laws,  ordinances  or  regulation 
governing  the  regents'  examinations  of  the  preliminary 
education  required  for  a  dental  student's  certificate 
shall  make  wilfully  a  false  statement  in  a  material 
regard  shall  be  guilty  of  perjury,  and  punishable  upon 
conviction  thereof  by  imprisonment  not  exceeding  ten 
years. 

D.  All  courts  of  special  sessions  and  police  justices 
sitting  as  courts  of  special  sessions  shall  have  juris- 
diction in  the  first  instance  to  hear  and  determine  all 
charges  of  misdemeanors  mentioned  in  this  article  com- 
mitted within  their  local  jurisdiction,  and  to  impose 
all  the  penalties  provided  for  such  misdemeanors;  a 
judgment  that  the  defendant  pay  a  fine  shall  also  direct 
that  he  be  imprisoned  until  the  fine  be  paid,  specifying 
the  extent  of  the  imprisonment,  which  cannot  exceed  one 
day  for  every  dollar  of  the  fine  imposed;  provided,  how- 
ever, that  the  power  of  said  courts  and  justices  to  hear 
and  determine  such  charges  shall  be  divested,  if  before 
the  commencement  of  a  trial  before  such  court  or  jus- 
tice, a  grand  jury  shall  present  an  indictment  against 
the  accused  person  for  the  same  offense,  or  if  a  justice 
of  the  supreme  court  or  a  county  judge  of  the  county 
shall  grant  a  certificate  in  the  manner  provided  by  law 
in  cases  of  misdemeanor,  that  it  is  reasonable  that  such 
charge  be  prosecuted  by  indictment.  Any  misdemeanor 
mentioned  in  this  article  for  which  a  punishment  is  not 
specifically  imposed  shall  be  punished  by  a  fine  of  not 
more  than  five  hundred  dollars  or  by  imprisonment  for 


Dental  Societies  and  the  Practice  of  Dentistry  133 

not  more  than  one  year,  or  by  both  fine  and  imprison- 
ment.    Any  person  who  shall  violate  any  of  the  pro- 
visions of  this  article  shall  be  subject  to  a  penalty  of 
one  hundred  dollars  for  each  and  every  violation.     Each 
act    constituting   a    violation    of    this    article    shall    be 
deemed   to   be   a   separate    act,   and   the .  person   guilty 
thereof  shall  be  subject  to   a  penalty   of  one  hundred 
dollars  for  each  such  act.     Where  a  violation  consists 
of  the  unlawful  practice  of  dentistry  by  a  person,  each 
day  during  which  such  unlawful  practice  continues  shall 
constitute  a  separate  violation  and  shall  be  subject  to 
such  penalty.     Such  penalties  shall  be  recovered  in*  an 
action  brought  therefor  by  the  attorney-general  in  the 
supreme  court  in  the  county  where  the  violation  or  any 
part  thereof  occurred.     The  provisions   of  the  code  of 
civil  procedure  and  other  laws  relative  to  the  recovery 
of    penalties    shall    apply    to    actions    brought    for    the 
recovery  of  penalties  under  this  act.     If  judgment  shall 
be  recovered  in  an  action  brought  for  the  recovery  of 
such  penalties,  it  shall  be  enforced  by  execution  against 
the  property  and  person  of  the  judgment  debtor,  in  the 
manner    provided    in    the   code    of    civil    procedure.      A 
right  of  action  for  the  recovery  of  a  penalty  under  this 
act  may  be   settled   or   compromised  by   the   attorney- 
general,  either  before  or  after  proceedings  are  brought 
to  recover  such  penalty  and  prior  to  the  entry  of  judg- 
ment  therefor.      The   penalties    hereby    imposed    for    a 
violation  of  the  provisions  of  this  article  shall  not  in 
any  way  affect  the  liability  of  a  person  to  punishment 
for  a  violation  of  this  article  upon  prosecution  therefor 
in   a  court  of   criminal  jurisdiction.     All   prosecutions 
under  this  act  shall  be  by  the  attorney-general  in  the 
name  of  the  people  of  the  state  and  all  fines  may  be  paid 
to  the  board  or  sued  for  and  recovered  in  the  name  of 
the  people  of  the  state  in  an  action  brought  therefor 
by  the  attorney-general.      (Am'd  by  L.  1917,  ch.  507,  in 
effect  May  16,  1917.) 


134  The  Public  Health  Manual 

E.  All  violations  of  this  act  when  reported  to  the 
regents  and  duly  substantiated  by  affidavits  or  other 
satisfactory  evidence  shall  be  investigated  and  if  the 
report  is  found  to  be  true  and  the  evidence  substanti- 
ated the  regents  shall  report  such  violations  to  the  attor- 
ney-general and  request  prompt  prosecution,  The  re- 
gents may  appoint  such  inspectors  as  are  necessary  to 
be  paid  from  the  funds  received  under  this  act  at  such 
salaries  as  they  may  determine  for  the  purpose  of  the 
investigation  of  such  violations.  (Am'd  by  L.  1916,  ch. 
129,  in  effect  Sept.  1,  1916.) 

ARTICLE  X 

Veterinary  medicine  and  surgery 

Section  210.  Definitions. 

211.  Qualifications   for  practice. 

212.  State    board   of   veterinary   medical   exam- 

iners, 

213.  Certificate   of   appointment;    oath;    powers. 

214.  Expenses. 

215.  Officers;   meetings;   quorum;   committees. 

216.  Admission  to  examination. 

217.  Questions. 

218.  Examinations  and  reports. 

219.  Licenses. 

220.  Eegistry. 

221.  Registration  in  another  county. 

222.  Certificate  presumptive  evidence;  unauthor- 

ized registration  and  license  prohibited. 

223.  Construction  of  this  article. 

224.  Penalties  and  their  collection. 


Defini- 


§  210.  Definitions.     As  used  in  this  article: 
tions  1.  "University"  means  university  of  the  state  vf  New 

York. 

2.    "Regents"   means   board   of    regents   of   the   uni- 
versity of  the  state  of  New  York. 


Veterinary  Medicine  and   Surgery  135 

3.  "Board"  means  a  board  of  veterinary  medicar ex- 
aminers of  the  state  of  New  York. 

4.  "  Veterinary  medical  examiner  "  means  a  member 
of  a  board  of  veterinary  medical  examiners  of  the  state 
of  New  York. 

5.  "  Veterinary  school "  means  any  veterinary  school, 
college  or  department  of  a  university,  registered  by  the 
regents  as  maintaining  a  proper  veterinary  medical 
standard  and  as  legally  incorporated. 

6.  The  practice  of  veterinary  medicine  is  defined  as  veterinary0* 
follows :     A  person  practices  veterinary  medicine  within  medicine 

,   .    •-  j     defined     . 

the  meaning  of  this  article,  except  as  hereinafter  stated, 
who  holds  himself  out  as  being  able  to  diagnose,  treat, 
operate,  or  prescribe  for  any  animal  disease,  pain, 
injury,  deformity  or  physical  condition,  and  who  shall 
either  offer  or  undertake,  by  any  means  or  methods,  to 
diagnose,  treat,  operate  or  prescribe  for  any  animal  dis- 
ease,   pain,    injury,    deformity    or    physical    condition. 

7.  "  Veterinarian  "  means  a  practitioner  of  veterinary  ,,  Veterl. 
medicine.  (Am'd  by  L.  1917,  ch.  648,  in  effect  May  narian  " 
24,   1917.)  defmed 

§   211.  Qualifications  for  practice.     No   person  shall 

Qualifica- 

practice  veterinary  medicine  after  July  first,  eighteen  tions  for 
hundred  and  ninety -five,  unless  previously  registered  and  prac  lce 
legally  authorized,  unless  licensed  by  the  regents  and 
registered  as  required  by  this  article;  nor  shall  any 
person  practice  veterinary  medicine  who  has  ever  been 
convicted  of  a  felony  by  any  court,  or  whose  authority 
to  practice  is  suspended  or  revoked  by  the  regents 
on  recommendation  of  the  state  board.  Any  per- 
son, a  citizen  of  the  United  States  and  of  the  state 
of  New  York,  who  matriculated  in  a  reputable  veteri- 
nary medical  school  prior  to  January  first,  eighteen 
hundred  and  ninety-five,  and  who  received  his  degree 
therefrom  prior  to  January  first,  eighteen  hundred  and 
ninety-seven,   or   any   person   who  was  engaged  in  the 


36 


The  Public  Health  Manual 


of 


State 
board 
veteri- 
nary 
medical 
examiners 


practice  of  veterinary  medicine  prior  to  the  year  eigh- 
teen hundred  and  eighty-six,  shall  be  admitted  to  the 
veterinary  examination  for  license  to  practice,  as  con- 
ducted by  the  regents  of  the  university  of  the  state  of 
New  York. 

§  212.  State  board  of  veterinary  medical  examiners. 
There  shall  be  a  board  of  veterinary  medical  examiners 
of  five  members,  each  of  whom  shall  hold  office  for  five 
years  from  August  first  of  the  year  in  which  ap- 
pointed. Beginning  with  August  first,  nineteen  hun- 
dred and  fifteen,  the  board  shall  be  so  appointed  that 
the  term  of  one  member  shall  expire  each  year.  The 
New  York  state  veterinary  medical  society  shall  at 
each  annual  meeting  nominate  five  examiners,  The 
names  of  such  nominees  shall  be  annually  trans- 
mitted under  seal  by  the  president  and  secretary  prior 
to  May  first,  to  the  regents  who  shall,  prior  to  August 
first,  appoint  from  such  lists  the  examiners  required  to 
fill  any  vacancies  that  will  occur  from  expiration  of 
term  on  July  thirty-first.  Any  other  vacancy,  however 
occurring,  shall  likewise  be  filled  by  the  regents  for  the 
unexpired  term.  Each  nominee  before  appointment, 
shall  furnish  to  the  regents  proof  that  he  has  received 
a  degree  in  veterinary  medicine  from  a  registered  veteri- 
nary medical  school  and  that  he  has  legally  practiced 
veterinary  medicine  in  this  state  for  at  least  five  years. 
If  no  nominees  are  legally  before  them  from  the  society, 
the  regents  may  appoint  from  members  in  good  standing 
in  the  veterinary  profession  without  restriction.  The 
regents  may  remove  any  examiner  for  misconduct,  inca- 
pacity or  neglect  of  duty.  (Am'd  by  L.  1915,  ch.  381, 
in  effect  April  26,  1915.) 
certin-  §    213.  Certificate    of    appointment;     oath;    powers, 

appoint         Every  veterinary  medical  examiner  shall  receive  a  cer- 
ment;   oath  tificate   of   appointment   from   the   regents,    and  before 
beginning  his  term  of  office  shall  file  with  the  secretary 
of  state  the  constitutional  oath  of  office.     The  board, 


Veterinary  Medicine  and  (Surgery  137 

or  any  committee  thereof,  may  take  testimony  and 
proofs  concerning  all  matters  within  its  jurisdiction. 
The  board  may,  subject  to  the  regents'  approval,  make  powers 
all  by-laws  and  rules  not  inconsistent  with  law  needed 
in  performing  its  duties,  but  no  by-laws  or  rules  by 
which  more  than  a  majority  vote  is  required  for  any 
specified  action  by  the  board  shall  be  amended,  sus- 
pended or  repealed  by  a  smaller  vote  than  that  required 
for  the  action  thereunder. 

§  214.  Expenses.  From  the  fees  provided  by  this  arti-  Expenses 
cle  the  regents  may  pay  all  proper  expenses  incurred  by 
its  provisions,  except  compensation  to  veterinary  medi- 
cal examiners,  and  any  surplus  at  the  end  of  the  aca- 
demic year  shall  be  apportioned  among  the  members  of 
the  board  pro  rata  according  to  the  number  of  candi- 
dates whose  answer  papers  have  been  marked  by  each. 

§  215.  Officers;  meetings;  quorum;  committees.     The  officers 
board  shall  annually  elect  from  its  members  a  president 
and  secretary  for  the  academic  year,  and  shall  hold  one 
or  more  meetings  each  year  pursuant  to  the  call  of  the 
regents.     At  any  meeting  a  majority  shall  constitute  a  Meetings; 
quorum;   but  questions  prepared  by  the  board  may  be  quorum 
grouped  and  edited,  or  answer  papers  of  candidates  may  com- 
be examined  and  marked  by  committees  duly  authorized  mittees 
by  the  board  and  by  the  regents. 

§  218.  Admission  to  examination.     The  regents  shall  Admis- 
sion to 
admit  to  examination  any  candidate  who  pays  a  fee  of  examina- 

ten  dollars  and  submits  satisfactory  evidence,  verified  tlon 
by  oath  if  required,  that  he  (first)  is  more  than  twenty- 
one  years  of  ag«e;  (second)  is  of  good,  moral  character; 
(third)  has  the  general  education  required  in  all  cases 
after  July  first,  eighteen  hundred  and  ninety-seven,  pre- 
liminary to  receiving  a  degree  in  veterinary  medicine; 
(fourth)  has  studied  veterinary  medicine  not  less  than 
three  full  years,  including  three  satisfactory  courses,  in 
three  different  academic  years,  in  the  veterinary  medical 
school  registered  as  maintaining  at  the  time  a  satisfac- 


138 


The  Public  Health  Manual 


Questions 


Examina- 
tions 


tory  standard;  (fifth)  has  received  a  degree  as  veteri- 
narian from  some  registered  veterinary  medical  school. 
The  degree  in  veterinary  medicine  shall  not  be  conferred 
in  this  state  before  the  candidate  has  filed  with  the 
institution  conferring  it,  the  certificate  of  the  regents 
that  three  years  before  the  date  of  the  degree,  or  before 
or  during  his  first  year  of  veterinary  medical  study  in 
this  state,  he  has  either  graduated  from  a  registered 
college  or  satisfactorily  completed  an  academic  course  in 
a  registered  academy. or  high  school;  or  has  a  prelimi- 
nary education  considered  and  accepted  by  the  regents 
as  fully  equivalent;  or  has  passed  regents'  examina- 
tions equivalent  to  the  minimum  requirement  in  such 
preliminary  education  for  candidates  for  medical  or 
dental  degrees  in  this  state.  The  regents  may,  in  their 
discretion,  accept  as  the  equivalent  for  any  part  of  the 
third  and  fourth  requirement,  evidence  of  five  or  more 
years'  reputable  practice  in  veterinary  medicine,  pro- 
vided that  such  substitution  be  specified  in  the  license. 
The  regents  may  also,  in  their  discretion,  admit  to  the 
examination  graduates  of  duly  incorporated  veterinary 
schools,  who  matriculated  in  such  schools  prior  to  nine- 
teen hundred  and  ten,  provided  such  graduates  are  now 
and  have  been  for  at  least  five  years,  residents  of  this 
state.  (Am'd  by  L.  1917,  ch.  648,  in  effect  May  24, 
1917.) 

§  217.  Questions.  Each  member  of  the  board  shall 
submit  to  the  regents,  as  required,  lists  of  suitable  ques- 
tions for  thorough  examination  in  comparative  anatomy, 
physiology  and  hygiene,  in  chemistry,  and  in  veterinary 
surgery,  obstetrics,  pathology  and  diagnosis  and  thera- 
peutics, including  practice  and  materia  medica.  From 
these  lists  the  regents  shall  prepare  question  papers  for 
all  these  subjects,  which  at  any  examination  shall  be 
the  same  for  all  candidates. 

§  218.  Examinations  and  reports.  Examination  for 
license  shall  be  given  in  at  least  four  convenient  places 


Veterinary  Medicine  and   Surgery  139 

in  this  state  and  at  least  four  times  annually,  in  accord- 
ance with  the  regents'  rules,  and  shall  be  exclusively 
in  writing  and  in  English.  Each  examination  shall  be 
conducted  by  a  regents'  examiner,  who  shall  not  be  one 
of  the  veterinary  medical  examiners.  At  the  close  of 
each  examination,  the  regents'  examiner  in  charge  shall 
deliver  the  questions  and  answer  papers  to  the  board,  'Reports 
or  to  its  duly  authorized  committee,  and  such  board, 
without  unnecessary  delay,  shall  examine  and  mark 
the  answer3  and  transmit  to  the  regents  an  official 
report,  signed  by  its  president  and  secretary,  stating 
the  standing  of  each  candidate  in  each  branch,  his  gen- 
eral average  and  whether  the  board  recommends  that 
a  license  be  granted.  Such  report  shall  include  the 
questions  and  answers  and  shall  be  filed  in  the  public 
records  of  the  university.  If  a  candidate  fails  on  his 
first  examination,  he  may,  after  not  less  than  six 
months'  further  study,  have  a  second  examination  with- 
out fee.  If  the  failure  is  from  illness  or  other  cause 
satisfactory  to  the  regents,  they  may  waive  the  required 
six  months'  study. 

§  219.  Licenses.  On  receiving  from  the  state  board  Licenses 
an  official  report  that  an  applicant  has  successfully 
passed  the  examination  and  is  recommended  for  license, 
the  regents  shall  issue  to  him  if  in  their  judgment  he 
is  duly  qualified  therefor,  a  license  to  practice  veteri- 
nary medicine.  Every  license  shall  be  issued  by  the 
university  under  seal  and  shall  be  signed  by  each  act- 
ing veterinary  medical  examiner  of  the  board  and  by 
the  officer  of  the  university  who  approved  the  credential 
which  admitted  the  candidate  to  examination,  and  shall 
state  that  the  licensee  has  given  satisfactory  evidence 
of  fitness  as  to  age,  character,  preliminary  and  vet- 
erinary medical  education  and  all  other  matters  re- 
quired by  law,  and  that  after  full  examination  he  has 
been  found  duly  qualified  to  practice.  Applicants  exam- 
ined and  licensed  before  Tuly  first,  eighteen  hundred  and 


140      '  The  Public  Health  Manual 

ninety- seven,  by  other  state  examining  boards  regis- 
tered by  the  regents  as  maintaining  standards  not 
lower  than  those  provided  by  this  article,  and  appli- 
cants who  matriculated  in  a  New  York  state  veterinary 
medical  school  before  July  first,  eighteen  hundred  and 
ninety-six,  and  who  received  the  veterinary  degree 
from  a  registered  veterinary  medical  school  before  July 
first,  eighteen  hundred  and  ninety- seven,  may  without 
further  examination,  on  payment  of  ten  dollars  to  the 
regents,  and  on  submitting  such  evidence  as  they  may 
require,  receive  from  them  an  indorsement  of  their 
licenses  or  diplomas  conferring  all  rights  and  privileges 
of  a  regents'  license  issued  after  examination.  If  any 
person,  whose  registration  is  not  legal  or  who  is  not 
registered,  because  of  some  error,  misunderstanding  or 
unintentional  omission,  shall  submit  to  the  state  board 
of  veterinary  medical  examiners  or  the  regents  of  the 
university  of  the  state  of  New  York,  satisfactory  proof 
that  he  had  all  requirements  prescribed  by  law  at  the 
time  required  for  registration  and  was  entitled  to  be 
legally  registered,  he  may,  on  recommendation  of  the 
state  board  of  veterinary  medical  examiners,  by 
action  of  the  board  of  regents,  receive  from  the 
regents  under  seal  a  certificate  of  the  facts  which 
may  be  registered  by  any  county  clerk  and  shall  make 
valid  the  previous  imperfect  registration,  and  such  cer- 
tificate shall  include  the  date  on  which  such  person 
could  or  should  have  registered,  and  his  registration 
shall  be  deemed  to  have  been  valid  and  corrected  from 
that  date.  And  any  veterinary  practitioner  in  any 
county  of  this  state  who  was  registered  in  the  county 
clerk's  office  between  July  first,  eighteen  hundred  and 
ninety-five,  and  July  first,  nineteen  hundred  and  fifteen, 
may,  upon  satisfactory  evidence  of  such  registration 
and  of  qualification  to  practice,  and  upon  written  appli- 
cation, receive  from  the  board  of  regents  a  certificate 
of  facts  which  may  be  registered  in  the  office  of  the 


Veterinary  Medicine  and  Surgery  141 

county  clerk  where  such  practitioner  was  registered, 
and  thus  make  valid  his  previous  imperfect  registration. 
Before  any  license  is  issued  it  shall  be  numbered  and 
recorded  in  a  book  kept  in  the  regents'  office  and  its 
number  shall  be  noted  in  the  license.  This  record  shall 
be  open  to  public  inspection,  and  in  all  legal  proceed- 
ings shall  have  the  same  .weight  as  evidence  that  is 
given  to  a  record  of  conveyance  of  land.  (Am'd  by  L. 
1912,  ch.  178,  L.  1916,  ch.  505,  and  L.  1917,  ch.  648,  in 
effect  May  24,  1917.) 

§  220.  Registry.  Every  license  to  practice  veterin-  Registry 
ary  medicine  shall,  before  the  licensee  begins  practice 
thereunder,  be  registered  in  a  book  .to  be  known  as  the 
"  Veterinary  Medical  Register/'  which  shall  be  provided 
by  and  kept  in  the  clerk's  office  of  the  county  where 
such  practice  is  to  be  carried  on,  with  name,  residence, 
place  and  date  of  birth,  and  source,  number  and  date 
of  his  license  to  practice.  Before  registering,  each 
licensee  shall  file,  to  be  kept  in  a  bound  volume  in  the 
county  clerk's  office,  an  affidavit  of  the  above  facts,  and 
also  that  he  is  the  person  named  in  such  license,  and 
had,  before  receiving  the  same,  complied  with  all 
requisites  as  to  attendance,  terms  and  amount  of  study 
and  examination  required  by  law  and  the  rules  of  the 
university  as  preliminary  to  the  conferment  thereof, 
and  no  money  was  paid  for  such  license,  except  the 
regular  fees,  paid  by  all  applicants  therefor;  that  no 
fraud,  misrepresentation  or  mistake  in  any  material 
regard  was  employed  by  any  one  or  incurred  in  order 
that  such  license  should  be  conferred,  and  shall  annually 
in  the  month  of  January  report,  under  oath,  to  the 
state  board  of  examiners,  any  facts  required  by  the 
board,  shall  pay  to  the  regents  a  registration  fee  of  one 
dollar,  and  shall  receive  a  certificate  of  registration  that 
must  be  conspicuously  displayed  together  with  the 
original  certificate  of  registration.  Every  license,  or 
if   lost,   a   copy   thereof,   legally    certified    so   as   to   be 


142  The  Public  Health  Manual 

admissible  as  evidence,  or  a  duly  attested  transcript 
of  the  record  of  its  conferment,  shall,  before  registering, 
be  exhibited  to  the  county  clerk,  who,  only  in  case  it 
was  issued  or  indorsed  as  a  license  under  seal  by  the 
regents,  shall  indorse  or  stamp  on  it  the  date  and  his 
name  preceded  by  the  words,  "  Registered  as  authority 
to  practice  veterinary  medicine,  in  the  clerk's  office  of 

county."     The  clerk  shall  thereupon  give  to 

every  veterinarian  so  registered  a  transcript  of  the 
entries  in  the  register,  with  a  certificate  under  seal 
that  he  has  filed  the  prescribed  affidavit.  The  licensee 
shall  pay  to  the  county  clerk  a  total  fee  of  one  dollar 
for  registration,  affidavit  and  certificate.  (Am'd  by  L. 
1915,  ch.  381,  in  effect  April  26,  1915.) 
Registra-  §  221.  Registration  in  another  county.     A  practicing 

tion  in         veterinarian    having   registered   a    lawful   authority    to 
county  practice  veterinary  medicine  in  one  county,  and  remov- 

ing such  practice  or  part  thereof  to  another  county, 
or  regularly  engaging  in  practice  or  opening  an  office 
in  another  county,  or  shall  have  his  office,  practice  or 
any  part  thereof  removed  from  one  county  to  another 
by  an  act  of  legislature  creating  a  new  county  from  a 
then  existing  county,  thereby  causing  his  office  or  prac- 
tice to  be  situated  in  a  new  county,  shall  show  or  send 
by  registered  mail  to  the  clerk  of  such  other  or  new 
county,  his  certificate  of  registration.  If  such  certifi- 
cate clearly  shows  that  the  original  registration  was 
of  an  authority  issued  under  seal  by  the  regents,  or 
if  the  certificate  itself  is  indorsed  by  the  regents  a^ 
entitled  to  registration,  the  clerk  shall  thereupon  reg- 
ister the  applicant  in  the  latter  or  new  county,  on  re- 
ceipt of  a  fee  of  twenty-five  cents,  and  shall  stamp  or 
indorse    on    such    certificate    the    date,    and    his    name. 

preceded  by  the   words   "  registered   also   in 

county."   and   return   the   certificate  to    the    applicant 
(Am'd  by  L.  1915,  ch.  52,  in  effect  March  11,  1915.) 


Veterinary  Medicine  and  Surgery  143 

§  222.  Certificate  presumptive  evidence;  unauthorized 
registration  and  license  *prohibitd.  Every  unrevoked 
certificate  and  indorsement  of  registry,  made  as  provided 
in  this  article,  shall  be  presumptive  evidence  in  all 
courts  and  places  that  the  person  named  therein  is 
legally  registered.  Hereafter  no  person  shall  register  unau- 
any  authority  to  practice  veterinary  medicine  unless  it  regfctra- 
has  been  issued  or  indorsed  as  a  license  by  the  regents.  tiorL  and 

"  °  license  pro- 

No  diploma  or  license  conferred  on  a  person  not  actually  Mbited 
in  attendance  at  the  lectures,  instructions  and  examina- 
tions of  the  school  conferring  the  same,  or  not  possessed 
at  the  time  of  its  conferment  ,of  the  requirements  then 
demanded  of  veterinary  medical  students  in  this  state 
as  a  condition  of  their  being  licensed  so  to  practice,  and 
no  registration  not  in  accordance  with  this  article  shall 
be  a  lawful  authority  to  practice  veterinary  medicine 
nor  shall  the  degree  of  doctor  of  veterinary  medicine 
be  conferred  causa  honoris  or  ad  eundem,  nor  if  pre- 
viously conferred  shall  it  be  a  qualification  for  such 
practice. 

§  223.  Construction  of  this  article.  This  article  shall  construc- 
not  be  construed  to  affect  commissioned  veterinary  medi-  article^ 
cal  officers  serving  in  the  United  States  army,  or  in 
the  United  States  bureau  of  animal  industry  while  so 
commissioned;  or  any  person  for  giving  gratuitous 
services  in  case  of  emergency;  or  any  lawfully  qualified 
veterinarian  in  other  states  or  countries  meeting  legally 
registered  veterinarians  in  this  state  in  consultation; 
or  any  veterinarian  residing  on  a  border  of  a  neighbor- 
ing state  and  duly  authorized  under  the  laws  thereof 
to  practice  veterinary  medicine  therein,  whose  practice 
extends  into  this  state,  and  who  does  not  open  an  office 
or  appoint  a  place  to  meet  patients  or  receive  calls 
within  this  state;  or  any  veterinarian  duly  registered 
in  one  county  called  to  attend  isolated  cases  in  another 


So  in  original 


144  The  Public  Health  Manual 

county,  but  not  residing  or  habitually  practicing  therein. 
This  article  shall  be  construed  to  repeal  all  acts  or 
parts  of  acts  authorizing  conferment  of  any  degree  in 
veterinary  medicine,  causa  honoris  or  ad  eundem,  or 
otherwise,  than  on  students  duly  graduated  after  satis- 
factory completion  of  a  preliminary  and  veterinary 
medical  course,  not  less  than  that  required  by  this 
article,  as  a  condition  of  license.  Nor  shall  anyone  use 
the  abbreviations,  V.S.,  D.V.S.,  or  D'.V.M.,  or  doctor  of 
veterinary  surgery,  or  doctor  of  veterinary  medicine 
unless  he  has  been  duly  graduated  from  a  legally  incor- 
porated veterinary  school.  (Am'd  by  L.  1917,  ch.  648, 
in  effect  May  24,  1917.)' 

§  224.  Penalties  and  their  collection.     Every  person 
who  shall  practice  veterinary  medicine  within  the  state 
without  lawful  registration  or  in  violation  of  any  pro- 
vision of  this  article  shall  be  guilty  of  a  misdemeanor, 
and  shall  forfeit  to  the  people  of  the  state  of  New  York, 
the  sum  of  fifty  dollars  for  each  offense,  which  may  be 
paid  to  the  board  or  sued  for  and  recovered  in  the  name 
of  the  people  of  the  state  of  New  York  in  an  action 
Penalties      brought  therefor  by  the  attorney-general.     Any  person 
who  shall  practice  veterinary  medicine  under  a  false  or 
assumed  name  or  who  shall  falsely  personate  another 
practitioner  of  a  like  or  different  name,  shall  be  guilty 
of  a  felony;   and  any  person  guilty  of  violating  any  of 
the    other    provisions    of    this    article,    not    otherwise 
specifically  punished  herein,  or  who  shall  buy,   sell  or 
fraudulently    obtain    any    veterinary    medical    diploma, 
license,  record  or  registration,  or  who  shall  aid  or  abet 
such  buying,  selling  or  fraudulently  obtaining,  or  who 
shall  practice  veterinary  medicine  under  the  cover  of  a 
diploma,  or  license  illegally  obtained,  or  signed  or  issued 
unlawfully  or  under  fraudulent  representation,  or  mis- 
take of  fact  in  material  regard,  or  who,  after  conviction 
of  a  felony,  shall  attempt  to  practice  veterinary  medi- 
cine,  and   any  person  who  shall,  without  having  been 


Veterinary  Medicine  and  Surgery  145 

authorized  so  to  do  legally,  append  any  veterinary  title 
to  his  or  her  name,  or  shall  assume  or  advertise  any 
veterinary  title  in  such  a  manner  as  to  convey  the  im- 
pression that  he  is  a  lawful  practitioner  of  veterinary 
medicine  or  any  of  its  branches,  shall  be  guilty  of  a 
misdemeanor.  Any  person  who  shall  violate  any  of  the 
provisions  of  this  article  shall  be  subject  to  a  penalty 
of  one  hundred  dollars  for  each  and  every  violation. 
Each  act  constituting  a  violation  of  this  article  shall 
be  deemed  to  be  a  separate  act,  and  the  person  guilty 
thereof  shall  be  subject  to  a  penalty  of  one  hundred 
dollars  for  each  such  act.  Where  a  violation  consists 
of  the  unlawful  practice  of  veterinary  medicine  by  a 
person,  each  day  during  which  such  unlawful  practice 
continues  .shall  constitute  a  separate  violation  and  shall 
be  subject  to  such  penalty.  Such  penalties  shall  be 
recovered  in  an  action  brought  therefor  by  the  attorney- 
general  in  the  supreme  court  in  the  county  where  the 
violation  or  any  part  thereof  occurred.  The  provisions 
of  the  code  of  civil  procedure  and  other  laws  relative  to 
the  recovery  or*  penalties  shall  apply  to  actions  brought 
for  the  recovery  of  penalties  under  this  act.  If  judgment 
shall  be  recovered  in  an  action  brought  for  the  recovery 
of  such  penalties,  it  shall  be  enforced  by  execution 
against  the  property  and  person  of  the  judgment  debtor, 
in  the  manner  provided  in  the  code  of  civil  procedure. 
A  right  of  action  for  the  recovery  of  a  penalty  under 
this  act  may  be  settled  or  compromised  by  the  attorney- 
general,  either  before  or  after  proceedings  are  brought 
to  recover  such  penalty  and  prior  to  the  entry  of  judg- 
ment therefor.  The  penalties  hereby  imposed  for  a 
violation  of  the  provisions  of.  this  article  shall  not  in 
any  way  affect  the  liability  of  a  person  to  punishment 
for  a  violation  of  this  article  upon  prosecution  there- 
for in  a  court  of  criminal  jurisdiction.      (Am'd  by  L. 


*  So  in  original 


146 


The  Public  Health  Manual 


1915,  ch.  381,  and  L.   1917,  ch.   648,  in  effect  May  24, 
1917.) 

ARTICLE  XI. 

Pharmacy  f 
Section  230.  Definitions. 
Pharmacy  231.  State   board   of   pharmacy;    appointments; 

nominations;    examiners;    secretary;    ex- 
penses. 

232.  Powers  and  duties  of  the  board;    records; 

employees. 

233.  Licenses;   certificates;   examinations;   rules. 

234.  Pharmacies;  drug  stores;  stores. 

235.  Apprentices  and  employees. 

236.  Working    hours    and    sleeping    apartments, 

pharmacy  or  drug  store. 
236-a.  Working  hours  and  sleeping  apartments, 
grocery   Or  provision   store. 

237.  Adulterating;    misbranding   and    substitut- 

ing. 

238.  Poison  schedules;  register;  opium  and  other 

prescriptions. 

239.  Construction  of  article;  temporary  permits. 

240.  Revocation  of  license;    misdemeanors;   vio- 

lations and  penalties. 
240a.  Proof  required  in  prosecuting  for  certain 
violations. 

241.  Schedules  A,  B  and  C. 


Defini- 
tions 


§  230.  Definitions.  As  used  in  this  article:  1.  "Asso- 
ciation "  means  the  New  York  state  pharmaceutical 
association. 

2.  "  Board "  when  not  otherwise  limited,  means  the 
New  York  state  board  of  pharmacy. 

3.  "  Chemicals "  when  not  otherwise  limited,  means 
the   chemical  materials   of   medicine. 


t  Penalty  for  violation,  Penal  Law,  §  1744,  p.  521 


Pharmacy  147 

4.  "  Council "  means  the  New  York  state  pharmaceu- 
tical council  with  a  secretary  and  at  least  one  represen- 
tative from  each  school  of  the  state  appointed  by  the 
regents  for  a  period  of  five  years. 

5.  "  Commissioner "  means  the  commissioner  of  edu- 
cation of  the  state  of  New  York ;  "  Department,"  the 
education  department  of  the  state  of  New  York ;  "  Uni- 
versity," the  university  of  the  state  of  New  York; 
"  Regents,"  the  board  of  regents  of  the  university  of 
the  state  of  New  York  as  provided  by  the  education  law. 

6.  "  Drugs,"  where  not  otherwise  limited,  means  all 
substances  used  as  medicines  or  in  the  preparation  of 
medicines.  "  Crude  Drugs  "  means  drugs  that  have  not 
been  changed  by  manufacture  except  by  desiccation  or 
comminution. 

7.  "  Examiner  "  means  a  member  of  the  state  board 
of  pharmacy. 

8.  "  Formulary "  means  the  latest  edition  of  the 
national   formulary. 

9.  "  Medicine,"  where  not  otherwise  limited,  means  a 
drug  or  preparation  of  drugs  in  suitable  form  for  use  as 
a  curative  or  remedial  substance. 

10.  "  Pharmacy,"  where  not  otherwise  limited,  means 
the  place  registered  by  the  board  in  which  drugs,  chemi- 
cals, medicines,  prescriptions  or  poisons  are  compounded, 
dispensed  or  retailed. 

11.  "Pharmacology"  is  the  science  that  treats  of 
drugs  and  medicines;  their  nature,  preparation,  admin- 
istration and  effect. 

12.  "  Pharmacopoeia,"  when  not  otherwise  limited, 
means  the  latest  edition  of  the  pharmacopoeia  of  the 
United  States  of  America. 

13.  "  Physician  "  means  a  practitioner  of  medicine  as 
denned  by  article  eight  of  this  chapter ;  "  Dentist " 
means  a  practitioner  of  dentistry  as  denned  by  article 
nine,  and  "  Veterinarian,"  means  a  practitioner  of  veteri- 
nary medicine  as  denned  by  article  ten. 


148 


The  Public  Health  Manual 


State 
board    of 
pharmacy 


Appoint- 
ments 


14.  "  Poisons,"  where  not  otherwise  limited,  means 
any  drug,  chemical,  medicine  or  preparation  liable  to  be 
destructive  to  adult  human  life  in  quantities  of  sixty 
grains  or  less. 

15.  "  Rules,"  where  not  otherwise  limited,  means  the 
rules  of  the  board  approved  by  the  regents. 

16.  "  School "  means  any  college  or  school  of  phar- 
macy, or  the  department  of  pharmacy  of  a  university, 
whatever  the  corporate  title,  registered  by  the  regents 
as  maintaining  a  proper  educational  standard  and 
legally  incorporated. 

17.  "  Secretary "  means  the  secretary  of  the  state 
board  of  pharmacy. 

18.  "Syllabus"  means  the  latest  edition  of' the  sylla- 
bus adopted  by  the  board.  (Am'd  by  L.  1910,  ch.  422, 
in  effect  Aug.  1,  1910.) 

§  231.  State  board  of  pharmacy;  appointments;  nomi- 
nations; examiners;  secretary;  expenses.  The  state 
board  of  pharmacy  in  office  when  this  section  takes 
effect  shall  remain  in  office  until  August  first,  nineteen 
hundred  and  ten.  On  and  after  that  date  such  board 
shall  consist  of  nine  examiners,  four  of  whom  shall  be 
residents  of  the  city  of  New  York.  At  the  annual  meet- 
ing of  the  association  held  in  nineteen  hundred  and  ten 
there  shall  be  twenty-five  licensed  pharmacists  nomi- 
nated by  ballot  whose  names  shall  be  submitted  to  the 
regents,  immediately  thereafter. 

Appointments.  From  the  number  thus  submitted  or 
from  the  other  licensed  pharmacists  of  the  state  the 
regents  may  appoint  nine  persons,  who  shall  constitute 
the  board  of  pharmacy,  whose  term  of  office  shall  begin 
on  August  first,  nineteen  hundred  and  ten,  three  of 
whom  shall  hold  office  for  a  term  of  one  year,  three  for 
a  term  of  two  years  and  three  for  a  term  of  three 
years.  The  successors  of  the  members,  whose  terms  of 
office  have  expired,  shall  be  appointed,  as  hereinafter 
provided,  for  a  term  of  three  years.     A  vacancy  in  the 


Pharmacy  149 

office  of  any  member,  caused  otherwise  than  by  expira- 
tion of  term,  shall  be  filled  by  the  regents  for  the 
unexpired  term  of  such  member. 

Nominations.  Thereafter,  at  each  annual  meeting  of  Nomina- 
the  association,  nine  licensed  pharmacists  shall  be  nomi-  10ns 
nated  by  ballot,  whose  names  shall  be  submitted  to  the 
regents  in  writing  under  the  seal  of  the  association  by 
the  president  and  secretary  thereof,  promptly  after  the 
adjournment  of  such  meeting.  From  the  number  thus 
submitted  or  from  the  other  licensed  pharmacists  of  the 
state  the  regents  may  appoint  three  persons  to  succeed 
the  members  whose  terms  of  office  expire  on  the  follow- 
ing July  thirty-first. 

Examiners.  No  person  shall  be  appointed  as  an  exam-  ex- 
iner  unless  he  is  a  licensed  pharmacist,  and  has  legally  aminers 
practiced  as  such  for  at  least  ten  years  in  this  state. 
Each  of  the  candidates  shall  present  proof  of  such 
qualifications  to  the  regents.  The  regents  may  remove 
any  examiner  for  misconduct,  incapacity  or  neglect  of 
duty.  Each  examiner  shall  receive  a  certificate,  of 
appointment  from  the  regents,  and  before  beginning  his 
term  of  office  shall  take  and  file  with  the  secretary  of 
state  the  constitutional  oath  of  office.  The  board  or  any 
committee  thereof  may  employ  counsel,  may  compel  the 
attendance  of  witnesses,  and  may  take  testimony  and 
proofs  concerning  all  matters  within  its  jurisdiction. 
The  board  shall  make  such  rules  approved  by  the  regents 
not  inconsistent  with  the  law,  as  may  be  necessary  for 
the  proper  performance  of  its  duty,  but  no  rule  by 
which  more  than  a  majority  vote  is  required  for  any 
specific  action  by  the  board  shall  be  amended,  suspended, 
or  repealed  by  a  smaller  vote  than  that  required  for 
action  thereunder. 

Secretary.     The  secretary  shall  be  a  licensed  pharma-  Secretary 
cist  who  has  legally  practiced  as  a  pharmacist  for  at 
least  ten  years  in  this  state.     He  shall  be  appointed  by 
the  regents,  shall  hold  office  during  their  pleasure  and 


150 


The  Public  Health  Manual 


shall  receive  an  annual  salary  of  three  thousand  dollars, 
payable  from  the  moneys  received  under  this  article. 
He  shall  be  the  executive  officer  of  the  board  and  shall 
have  such  powers  and  shall  perform  such  duties  as  are 
prescribed  by  the  rules.  The  secretary  in  office  when 
this  article  takes  effect  shall  continue  in  office  until 
his  successor  has  been  appointed  as  above  provided. 
Expenses  Expenses.     All  fees,  fines,  penalties  and  other  moneys 

derived  from  the  operation  of  this  article  shall  be  paid 
into  the  state  treasury  and  the  legislature  shall  annu- 
ally appropriate  for  the  department  an  amount  suffi- 
cient to  pay  all  proper  expenses  incurred  pursuant  to 
this  article.  All  funds  in  the  custody  of  the  state 
board  of  pharmacy  when  this  act  takes  effect  shall  be 
immediately  turned  over  to  the  department  and  shall 
be  available  for  the  payment  of  all  proper  expenses  of 
the  board,  until  an  appropriation  is  made  by  the  legis- 
lature as  above  provided.  When  such  appropriation  is 
so  made  the  unexpended  balance  of  the  funds  so  turned 
over  to  the  department  shall  be  paid  into  the  state 
treasury,  to  be  expended  as  in  the  case  of  other  moneys 
derived  from  the  operation  of  this  article.  (Am'd  by 
L.  1910,  ch.  422,  reenacted  by  L.  1915,  ch.  502,  in 
effect  May  3,   1915.) 

§  232.  Powers  and  duties  of  the  board;  records;  em- 
ployees. Prior  to  October  first  the  board  shall  annually 
elect  from  its  members  a  president  and  a  vice-president 
for  the  academic  year,  and  shall  hold  one  or  more  meet- 
ings each  year.  At  any  meeting  a  majority  shall  con- 
stitute a  quorum;  but  questions  prepared  by  the  board 
may  be  grouped  and  edited,  or  answer  papers  of  candi- 
dates may  be  examined  and  marked  by  committees  duly 
authorized  by  the  board  and  approved  by  the  regents. 

The  board  shall  have  power: 
Powers  (a)    To  regulate  the  practice  of  pharmacology. 

(b)  To  regulate  the  sale  of  drugs,  chemicals,  medi- 
cines and  poisons. 


Meetings 


Pharmacy  151 

(c)  To  regulate  the  employment  of  apprentices  and 
employees  in  pharmacies. 

(d)  To  regulate  the  working  hours  and  sleeping 
apartments  of  employees  in  pharmacies. 

(e)  To  regulate  and  control  the  character  and  stand- 
ard of  drugs  and  medicines  compounded  and  dispensed 
in  the  state,  to  employ  inspectors  and  chemists,  to 
secure  samples  and  to  prevent  the  sale  of  such  drugs, 
chemicals,  medicines  and  poisons  as  do  not  conform  to 
the  formulae,  standards  and  tests  of  the  pharmacopoeia 
and  formulary. 

(f)  To  regulate  the  retailing  of  poisons  and  to  adopt 
schedules. 

(g)  To  issue  temporary  permits  limited  to  definite 
areas. 

(h)  To  investigate  alleged  violations  of  the  provi- 
sions of  this  article,  to  conduct  hearings  in  respect 
thereto  when,  in  its  discretion,  it  appears  to  be  neces- 
sary, and  to  bring  the  same  to  the  notice  of  the  attor- 
ney-general. 

Kecords.  It  shall  be  the  duty  of  the  board  in  its  Records 
rooms  provided  by  the  regents  to  preserve  a  record  of 
all  licenses  and  certificates  which  shall  be  open  to  public 
inspection  and  shall  have  in  all  legal  proceedings  the 
same  weight  as  evidence  that  is  given  to  a  record  of 
conveyance  of  lands.  It  shall  render  annually  to  the 
regents  and  the  association  a  report  of  all  its  proceed- 
ings during,  the  preceding  year. 

Books,  records,  papers  and  properties  of  the  state 
board  of  pharmacy  and  of  each  branch  thereof  abolished 
by  this  act  shall  on  or  before  August  tenth,  nineteen 
hundred  and  ten,  be  transferred  to  the  state  board  of 
pharmacy,  organized  under  and  in  pursuance  of  the  pro- 
visions of  this  act  and  shall  be  preserved  by  the  board. 

Enrplovees.     The  clerks,  stenographers,  inspectors  and  Em- 

.  ~5  ployees 

employees  of  the  state  board  of  pharmacy  in  office  when 
this  act  takes  effect  shall  be  transferred  to  the  depart- 


152  The  Public  Health  Manual 

ment.  The  rules  of  the  board,  made  as  hereinbefore  pro- 
vided, shall  specify  the  number  of  clerks,  stenographers, 
inspectors  and  employees,  necessary  to  carry  out  the 
provisions  of  this  article.  The  clerks,  stenographers,  in- 
spectors and  employees  transferred  to  the  department  as 
above  provided,  or  hereafter  employed,  shall  be  subject 
to  the  same  rules  as  to  appointment  and  service  as  the 
other  employees  of  the  department.  (Am"d  by  L.  1910, 
ch.  422,  in  effect  Aug.   1,   1910.) 

§  233.  Licenses;  certificates;  examinations;  rules. 
Satisfactory  evidence  verified  by  oath  shall  be  required 
by  the  regents  of  all  candidates  for  admission  to  the 
examinations. 

Pharmacist.  They  shall  admit  to  the  examination 
for  pharmacist  any  candidate  that  pays  a  fee  of  ten 
dollars  and 

Pharma-  !•  Is  more  than  twenty-one  years  of  age. 

cist  2.  Is  of  good  moral  character. 

3.  Had  prior  to  January  first,  nineteen  hundred  and 
eighteen,  fifteen  academic  counts,  or  the  equivalent, 
before  beginning  the  first  year  of  study  in  the  school, 
and  after  that  date  had  thirty  academic  counts,  or  the 
equivalent,  before  beginning  such  study. 

4.  Had  studied  pharmacology  as  outlined  in  the  syl- 
labus not  less  than  two  years  in  a  school. 

5.  Has  either  received  the  diploma  of  graduate  in 
pharmacy  or  equivalent  degree  from  a  school,  or  a 
license  conferring  the  full  right  to  practice  pharma- 
cology in  some  foreign  country  registered  as  meeting 
the  minimum  requirements  of  this  article.  The  di- 
ploma of  graduate  in  pharmacy  or  equivalent  degree 
shall  not  be  conferred  on  any  one  that  did  not  file  with 
the  school  at  matriculation  the  pharmacy  student  cer- 
tificate required  above. 

6.  Has  had  four  years'  experience  in  a  registered 
pharmacy  or  drug  store,  under  the  personal  super- 
vision of  a  pharmacist  or  druggist,  one  year  of  which 


Phaemacy  153 

experience  within  five  years  of  the  date  of  application 
must  have  been  in  a  pharmacy  or  drug  store  of  the 
United    States. 

Junior  pharmacist.  They  shall  admit  to  the  examina- 
tion for  junior  pharmacist  any  candidate  that  pays  a 
fee  of  ten  dollars  and 

1.  Is  more  than  nineteen  years  of  age. 

2.  Is  of  good  moral  character. 

3.  Had  prior  to  January  first,  nineteen  hundred  and 
eighteen,  fifteen  academic  counts,  or  the  equivalent, 
before  beginning  the  first  yefar  of  study  in  the  school, 
and  after  that  date  had  thirty  academic  counts,  or  the 
equivalent,  before  beginning  such  study. 

4.  Has  studied  pharmacology  as  outlined  in  the 
syllabus  not  less  than  two  years  in  a  school. 

5.  Has  received  the  diploma  of  graduate  in  pharmacy 
from  a  school. 

6.  Has  had  two  years'  experience  in  a  registered 
pharmacy  or  drug  store  under  the  personal  supervision 
of  a  pharmacist  or  druggist,  all  -A  which  experience  must 
have  been  in  a  pharmacy  or  drug  store  in  Xew  York 
state. 

Druggist.     They  shall  admit  to  the  examination  for  Druggist 
druggist  any  candidate  that  pays  a  fee  of  five  dollars 
and 

1.  Is    more   than   eighteen    years    of   age. 

2.  Is  of  good  moral  character. 

3.  Has  the  preliminary  and  professional  education 
required  by  the  rules. 

4.  Has  had  three  years'  experience  in  a  registered 
pharmacy  or  drug  store  under  the  personal  supervision 
of  a  pharmacist  or  druggist,  one  year  of  which  exper- 
ience within  five  years  of  the  date  of  application  must 
have  been  in  a  pharmacy  or  drug  store  of  the  United 
States. 

Examinations.     The  board  shall  submit  to  the  regents  Examina- 
as  required  suitable  questions  for  thorough  examination  tions 


The  Public  -Health  Manual 

in  pharmacology",   both   written  and  practical,  as   out- 
lined in  the  syllabus. 

From  these  questions  the  secretary  shall  prepare 
question  papers  in  accordance  with  the  rules  which  at 
any  examination  shall  be  the  same  for  all  candidates. 
Examinations  for  license  shall  be  given  in  at  least 
three  convenient  places  in  the  state  and  at  least  four 
times  annually  in  accordance  with  the  rules.  The 
practical  examinations  shall  be  conducted  by  the  exam- 
iners, the  written  by  the  regents.  On  receiving  from 
the  board  an  official  report  that  an  applicant  has  suc- 
cessfully passed  the  examinations  and  is  recommended 
for  license,  the  regents  shall  issue  to  him  a  license  to 
practice  according  to  the  qualifications  of  the  applicant. 
Every  license  shall  be  issued  by  the  regents  under  seal 
and  shall  be  signed  by  the  commissioner,  each  examiner 
and  by  the  secretary.  Every  certificate  shall  be  issued 
by  the  board  subject  to  rule  and  shall  be  signed  by 
the  secretary.  Applicants  examined  and  licensed  by 
other  state  examining  boards  registered  by  the  regents 
as  maintaining  standards  not  lower  than  those  provided 
by  this  article  may  without  further  examination,  on 
payment  of  twenty-five  dollars  to  the  regents  and  on 
submitting  such  evidence  as  they  may  require  receive 
from  them  an  endorsement  of  their  licenses  or  diplo- 
mas conferring  all  rights  and  privileges  of  a  regents' 
license  after  examination. 

Before  any  license  or  certificate  is  issued  it  shall  be 
numbered  and  properly  recorded  and  its  number  shall 
be  noted  in  the  license  or  certificate.  The  regents  on 
the  recommendation  of  the  board  may  revoke  a  license 
or  annul  a  certificate,  for  cause. 

The  questions  for  examination  for  licensed  pharmacist 
and  junior  licensed  pharmacist  shall  be  identical.  An 
applicant  for  examination  for  junior  licensed  phar- 
macist shall  be  eligible  to  take  the  examination  in 
theoretical  subjects  only.     Such  applicants  may,  subject 


Phasmacy  155 

to  the  rules  of  the  board,  upon  completing  four  years' 
actual  experience  in  a  pharmacy  or  drug  store,  provided 
such  applicant  is  over  twenty-one  years  of  age,  be 
admitted  to  the  examination  in  practical  pharmacy,  and 
if  successful,  the  board  shall  grant  such  applicant  a 
pharmacist's  license. 

Rules.     The  rules   of  the   board  and  of  the  regents   Rules 
affecting  examination,   registration  and  administration 
continue    in    force    until    revised    by    the    board    and 
approved  by  the  regents. 

The  board  shall  make  rules  subject  to  the  approval 
of  the  regents: 

1.  For  the  certification  and  registration  of  appren- 
tices and  storekeepers. 

2.  For  the  surrendering  of  licenses,  issued  prior  to 
January  first,  nineteen  hundred  and  one. 

3.  For  the  acceptance  of  licenses  from  other  licensing 
boards  issued  prior  to  January,  nineteen  hundred  and 
five,  in  lieu  of  a  diploma. 

4.  For  the  accomplishment  of  the  trusts  reposed  in 
them  by  this  article  and  by  any  other  law  of  the  state. 

All  licenses  and  certificates  of  examination,  •  issued 
to  licensees  by  former  boards  of  pharmacy,  shall  be  in 
full  force  and  effect  in  perpetuity  for  the  section  of 
the  state  for  which  they  were  issued,  and  all  certifi- 
cates of  registration  issued  during  nineteen  hundred  and 
ten  shall  be  valid  until  January  first,  nineteen  hundred 
and  eleven.  (Am'd  by  L.  1910,  ch;  422;  L.  1915,  ch. 
502,  L.  1916,  ch.  327,  and  L.  1918,  ch.  394,  in  effect 
April  30,  1918.) 

§   234.  Pharmacies;    drug  stores;   stores.     Except  as  Phai -ma- 
prescribed  in  this  article,  it  shall  not  be  lawful  for  any  stores;**™8 
person  to  practice  as  a  pharmacist,  druggist,  apprentice  stores 
or  storekeeper,  or  to  engage  in,  conduct,  carry  on,  or 
be  employed  in  the  dispensing,  compounding  or  retailing 
of  drugs,  chemicals,  medicines,  prescriptions  or  poisons 
within  this  state.     Every  place  in  which  drugs,  chem- 


I5«i  The  Public  Health  Manual 

icals,  medicines,  prescriptions  or  poisons  are  retailed, 
or  dispensed,  or  compounded,  shall  be  a  pharmacy,  a 
drug  store,  or  a  store;  shall  be  under  the  personal 
supervision  of  a  pharmacist,  a  druggist,  or  a  store- 
keeper and  shall  be  annually  registered  in  the  month  of 
January  by  the  board  as  conducted  in  full  compliance 
with  law  and  the  rules. 
Pharma-  Pharmacies.     It  shall  be  lawful  for  a  pharmacist  in 

cies  x 

conformity  with  the  rules,  to  take,  use  and  exhibit  the 
titles  pharmacist  and  registered  pharmacy  and  to  have 
charge  of,  engage  in,  conduct  or  carry  on  for  himself  or 
for  another  the  dispensing,  compounding,  or  sale  of 
drugs,  chemicals,  medicines,  prescriptions  or  poisons 
anywhere  within  the  state,  but  he  shall  have  personal 
supervision  of  not  more  than  one  pharmacy  or  drug 
store  at  the  same  time. 

Drug  stores  Drug  stores.  It  shall  be  lawful  for  a  druggist  in 
conformity  with  the  rules  to  take,  use,  and  exhibit  the 
titles  druggist  and  registered  drug  store,  and  to  have 
charge  of,  engage  in,  conduct  or  carry  on  for  himself 
or  for  another  the  dispensing,  compounding  or  retailing 
of  drugs,  chemicals,  medicines,  prescriptions  or  poisons 
anywhere  within  the  state,  in  a  place  of  not  more  than 
one  thousand  inhabitants,  but  he  shall  have  charge  of 
not  more  than  one  drug  store  at  the  same  time.  He 
may  be  employed  for  the  purpose  of  dispensing  or  retail- 
ing drugs,  chemicals',  medicines,  prescriptions  and  poisons 
in  a  registered  pharmacy  under  the  management  and 
personal  supervision  of  a  licensed  pharmacist;  he  may 
also  perform  such  duties  during  the  temporary  absence 
of  the  pharmacist,  except  in  cities  of  more  than  one 
million  inhabitants. 

Tempo-  Temporary    permits.      In    places    and    villages    of    a 

thousand  inhabitants  or  less  that  do  not  have  within 
three  miles  a  pharmacy  or  drug  store; 

1.  Physicians  may  compound  medicines,  fill  prescrip- 
tions and  sell  poisons  labeled  as  required  by  this  article. 


rary 
permits 


Pharmacy  157 

2.  Storekeepers  may  in  accord  with  the  rules  sell 
medicines  and  poisons  for  a  period  not  exceeding  one 
year  upon  the  payment  of  a  fee  of  three  dollars.  The 
storekeeper's  certificate  is  limited  to  the  village  or 
place  where  the  storekeeper  resides  and  may  be  limited 
to  the  sale  of  certain  classes  of  poisons  sold  only  in 
original  packages  and  put  up  by  a  licensed  pharmacist 
whose  name  and  business  address  is  displayed  on  the 
package. 

Stores.  It  shall  be  lawful  for  the  storekeeper  in  con-  stores 
formity  with  the  rules  to  take,  use  and  exhibit  the 
titles  certified  storekeeper  and  registered  store  and  to 
sell  medicines  and  poisons  for  a  period  not  exceeding 
one  year  in  a  village  or  place  of  the  state  with  less 
than  one  thousand  inhabitants  that  has  no  pharmacy 
or  drug  store  within  three  miles  of  it. 

Every  person  practicing  as  a  pharmacist  or  druggist 
must  at  all  times  display  his  license  conspicuously  in 
his  place  of  business.  The  proprietor  of  every  phar- 
macy, drug  store  or  store  shall  annually  in  the  month 
of  January  report  under  oath  to  the  board  any  facts 
required  by  the  board,  shall  pay  the  registration  fee  of 
two  dollars  and  shall  receive  a  certificate  of  registration 
that  must  be  conspicuously  displayed  at  all  times  in 
the  pharmacy,  drug  store  or  store  with  all  licenses. 
Every  person,  partnership,  association  or  corporation 
doing  business  as  the  proprietor  or  proprietors  of  a 
pharmacy,  drug  store  or  store  shall  cause  the  name  of 
such  proprietor  or  proprietors  to  be  displayed  upon  a 
sign  conspicuously  placed  upon  the  exterior  of  the 
building  and  his  sign  shall  be  presumptive  evidence  of 
ownership  of  such  pharmacy,  drug  store  or  store.  The 
proprietor  that  opens  a  pharmacy,  drug  store  or  store 
subsequent  to  the  month  of  January  shall,  within  thirty 
days  of  opening,  make  this  report,  pay  the  fee  and  dis- 
play the  certificate  and  the  sign.  Every  proprietor  of 
a  wholesale  or  retail  pharmacy,  drug  store  or  store  is 


158 


The  Public  Health  Manual 


Appren- 
tices    and 
em- 
ployees 


"Working 
hours    and 
sleeping 
apart- 
ments 


responsible  for  the  strength,  quality  and  purity  of  all 
drugs  sold  or  dispensed  by  him,  subject  to  the  guaranty 
provisions  of  this  article.  (Am'd  by  L.  1910,  ch.  422,  in 
effect  Aug.  1,  1910.) 

§  235.  Apprentices  and  employees.  Every  person 
over  fifteen  years  of  age  that  shall  enter  a  pharmacy 
or  drug  store  with  the  intention  of  becoming  a  pharma- 
cist or  druggist,  shall  pay  the  registration  fee  of  one 
dollar,  and  receive  a  certificate  as  a  registered  appren- 
tice  in   accordance  with   the  rules. 

Apprentices  may  be  employed,  in  accordance  with 
the  requirements  of  this  article  and  the  rules,  in  reg- 
istered pharmacies  and  drug  stores  and  may  receive 
instruction   in  the  practice   of  pharmacology. 

Apprentices  may  prepare  or  dispense  receipts  of 
prescriptions,  may  sell  or  furnish  medicines  or  poisons 
in  the  presence  of  and  under  the  immediate  personal 
supervision  of  a  pharmacist  or  druggist  who  must  be 
either  the  proprietor  or  in  the  actual  employ  of  the 
proprietor.  The  proprietor  as  principal  shall  be  equally 
liable  for  violations  of  this  article  by  his  employees. 

Other  unlicensed  assistants  may  be  employed  in  reg- 
istered pharmacies  and  drug  stores  for  other  purposes 
than  the  practice  of  pharmacology  and  the  dispensing, 
compounding  or  retailing  of  drugs,  chemicals,  medi- 
cines, prescriptions  or  poisons. 

A  junior  pharmacist  may,  subject  to  the  rules  of  the 
board,  have  temporary  charge  of  a  pharmacy  or  a  drug 
store,  but  during  such  temporary  charge  shall  not  com- 
pound or  dispense  physicians'  prescription.  (Am'd  by 
L.  1910,  ch.  422,  L.  1915,  ch.  502,  and  L,  1918,  ch.  394, 
in  effect  April  30,   1918*.) 

§  236.  Working  hours  and  sleeping  apartments.  No 
apprentice  or  employee  in  any  pharmacy  or  drug  store 
shall  be  required  or  permitted  to  work  more  than 
seventy  hours  a  week.  Nothing  in  this  section  prohibits 
working  six  hours  overtime  any  week  for  the  purpose 


Pharmacy  159 

of  making  a  shorter  succeeding  week,  provided,  how- 
ever, that  the  aggregate  number  of  hours  in  any  such 
two  weeks  shall  not  exceed  one  hundred  and  thirty-two 
hours.  The  hours  shall  be  so  arranged  that  an  employee 
shall  be  entitled  to  and  shall  receive  at  least  one  after- 
noon and  evening  off  in  each  week  and  in  addition 
thereto  shall  receive  one  full  day  off  in  two  consecutive 
weeks.  No  proprietor  of  any  pharmacy  or  drug  store 
shall  require  any  clerk  to  sleep  in  any  room  or  apart- 
ment in  or  connected  with  such  store  that  does  not  com- 
ply with  the  sanitary  regulations  of  the  local  board  of 
health.  The  provisions  of  this  section  alone  regulate 
working  hours  and  sleeping  apartments  in  pharmacies 
or  drug  stores.  (Am'd  by  L.  1910,  ch.  422,  and  L.  1911, 
eh.  630,  and  L.  1914,  ch.  514,  in  effect  April  23,  1914.) 

§  236-a.    Working  hours  for  male  employees  over  the  working 

,     .    ,  a     r        -  a  i.     •  hours    for 

age  of  sixteen  years,  and  sleeping  apartments  in  grocery  male  em- 
or  provision  stores.  No  male  apprentice  or  employee  PlQyees 
over  the  age  of  sixteen  years  in  any  grocery  or  pro- 
vision store  located  or  lying  within  the  boundaries  of 
any  city  of  the  first  class  shall  be  permitted  to  work 
more  than  seventy  hours  a  week  or  more  than  eleven 
hours  in  any  one  day,  except  that  on  the  last 
day  of  the  week  such  employees  may  be  permitted  to 
work  fifteen  hours  for  the  purpose  of  eliminating  work 
on  the  first  day  of  the  week.  Nothing  herein  shall  be 
so  construed  as  to  require  male  apprentices  or  em- 
ployees over  the  age  of  sixteen  years  in  grocery  or 
provision  stores  to  work  on  seven  days  in  the  week. 
The  work  hours  shall  be  consecutive,  allowing  one 
hour  for  each  meal.  Nothing  herein  shall  be  so  con- 
strued as  to  affect  minors  under  the  age  of  sixteen 
years  or  females  of  any  age,  or  in  any  way  to  repeal 
or  modify  chapter  three  hundred  and  thirty -one  of 
the  laws  of  nineteen  hundred  and  fourteen.  No  pro- 
prietor of  any  grocery  or  provision  store  located  within 
the  boundaries  of  any  city  of  the  first  class  shall  per- 


160  The  Public  Health  Manual 

sleeping  mit  any  clerk  to  sleep  in  any  room  or  apartment  in  or 
ments  in  connected  with  such  store  which  does  not  comply  with 
grocery         ftie  sanitary  regulations  of  the  local  board  of  health, 

or   provi-  J  °  ' 

sion.  stores  providing,  however,  that  this  act  shall  not  affect  any 
proprietor  or  the  family  of  such  proprietor  who  reside 
in  an  apartment  connected  with  such  store,  which 
apartment  at  the  time  of  its  building  or  erection  was  in 
conformity  with  the  sanitary  regulations  of  the  local 
board  of  health.  Failure  to  comply  with  any  of  the 
provisions  of  this  section  shall  be  deemed  a  misde- 
meanor. (Added  by  L.  1915,  ch.  343,  in  effect  April  20, 
1915.) 

Adui-  §    237.   Adulterating,   misbranding   and   substituting. 

/j^g6  A  drug  is  adulterated  in  any  of  the  following  cases: 

defined  1.  When  sold  under  or  by  a  name  recognized  in  the 

pharmacopoeia  it  differs  from  the  standard  determined 
by  the  test  or  formula  given. 

2.  When  sold  under  or  by  a  name  recognized  in  the 
formulary  the  strength,  quality  or  purity  or  percentage 
of  the  alkaloid  or  alkaloids  or  other  potent  ingredient 
or  ingredients  differs  from  the  standard  determined  by 
the  test  or  formula  given. 

3.  Wlien  sold  under  or  by  a  name  not  recognized  in 
or  according  to  a  formula  not  given  in  the  pharma- 
copoeia or  formulary  that  is  found  in  some  other  stand- 
ard work  on  pharmacology  recognized  by  the  board,  it 
differs  in  strength,  quality  or  purity  from  the  strength, 
quality  or  purity  required,  or  the  formula  prescribed 
in  the  standard  work.  Provided,  however,  that  all  drugs 
sold  by  wholesalers  when  not  sold  to  a  consumer  shall 
be  in  accordance  with  the  provisions  of  the  national 
food  and  drug  act  of  June  thirtieth,  nineteen  hundred 
and  six. 

4.  When  sold  as  a  homeopathic  drug  it  differs  from 
the  strength,  quality  or  purity  established  by  the  test 
or  formula  given  in  the  latest  edition  of  the  homeopathic 


Pharmacy  161 

pharmacopoeia   of   the   United   States   or   the  American 
homeopathic  pharmacopoeia. 

5.  Its  strength,  quality  or  purity  differs  from  the 
professed  standard  of  strength,  quality  or  purity  under 
which  it  is  sold. 

6.  It  contains  methyl  or  wood  alcohol  when  intended 
for  use  as  a  medicine  except  when  sold  as  a  veterinary 
liniment  for  external  use  only  and  so  labeled. 

Misbranding    and    substituting.       A     drug    is    mis-  Mis- 

,  j    j    •-•  branding 

branded  if  and   substi. 

1.  The  package  bears  any  statement,  design  or  device  tuti°s 
that  is  false  or  misleading  in  any  particular  regarding 

its  contents,  regarding  the  state,  territory  or  county  in 
which  it  is  manufactured  or  produced. 

2.  It  is  an  imitation  or  is  offered  for  sale  under  the 
name  of  another  substance. 

3.  The  original  contents  of  the  package  have  been 
removed  in  whole  or  in  part  and  other  contents  added. 

4.  The  package  fails  to  bear  a  statement  of  the  per- 
centage contained  therein  by  volume  of  alcohol  and  by 
quantity  or  proportion  of  morphine,  opium,  heroin, 
chloroform,  cannabis  indica,  chloral  hydrate,  acetanilide 
or  any  derivative  or  preparation  of  any  of  these  sub- 
stances. 

5.  The  package  containing  a  homeopathic  drug  fails 
to  state  that  fact. 

These  statements  shall  be  made  in  type  easily  read, 
conspicuously  displayed  and  described  by  their  common 
or  English  names.  Alcohol  used  as  a  solvent,  preserva- 
tive or  for  any  other  purpose  is  contained  in  the  drug  . 
within  the  meaning  of  this  article.  Nothing  in  this 
paragraph  applies  to  the  compounding  and  dispensing 
of  drugs  and  medicines  on  the  written  prescription  of 
a  physician,  dentist  or  veterinarian,  which  prescription 
shall  be  kept  on  file  by  the  pharmacist  or  druggist.  Nor 
does  it  apply  to  unadulterated  drugs  recognized  in  the 
pharmacopoeia  and  the  formulary  and  the  homeopathic 
6 


162 


The  Public  Health  Manual 


Poison 
schedules 


Register 


pharmacopoeia  sold  under  the  names  by  which  they  are 
recognized  therein,  and  not  sold  under  a  proprietary 
name,  trade  name  or  trade  mark.  All  adulterated,  mis 
branded  or  substituted  drugs  are  forfeited  to  the  board 
for  destruction.  (Am'd  by  L.  1910,  ch.  422,  in  effect 
Aug.    1,   1910.) 

§  238.  Poison  schedules;  register.  It  is  unlawful  for 
any  person  to  sell  at  retail  or  to  furnish  any  of  the 
poisons  of  schedule  A  and  B  without  affixing  or  caus- 
ing to  be  affixed  to  the  bottle,  box,  vessel  or  package, 
a  label  with  the  name  of  the  article  and  the  word 
poison  distinctly  shown  and  with  the  name  and  place  of 
business  of  the  seller  all  printed  in  red  ink  together 
with  the  name  of  such  poisons  printed  or  written 
thereupon  in  plain,  legible  characters. 

Wholesale  dealers  in  drugs,  medicines,  pharmaceuti- 
cal preparations,  chemicals  or  poisons  shall  affix  or 
cause  to  be  affixed  to  every  bottle,  box,  parcel  and  outer 
inclosure  of  any  original  package  containing  any  of  the 
articles  of  schedule  A  a  suitable  label  or  brand  in  red 
ink  with  the  word  poison  upon  it. 

Register.  Every -person  who  disjjoses  of  or  sells  at 
retail  or  furnishes  any  poisons  included  in  schedule  A 
shall  before  delivering  the  same  enter  in  a  book  kept 
for  that  purpose  the  date  of  sale,  the  name  and  ad- 
dress of  the  purchaser,  the  name  and  the  quantity  of 
the  poison,  the  purpose  for  which  it  is  purchased  and 
the  name  of  the  dispenser.  The  poison  register  must 
be  always  open  for  inspection  by  the  proper  authori- 
ties and  must  be  preserved  for  at  least  five  years  after 
the  last  entry.  He  shall  not  deliver  any  of  the  poisons 
of  schedule  A  or  B  until  he  has  satisfied  himself  that 
the  purchaser  is  aware  of  its  poisonous  character  and 
that  the  poison  is  to  be  used  for  a  legitimate  purpose. 
The  provisions  of  this  paragraph  do  not  apply  to  the 
dispensing  of  medicines  or  poisons  on  physicians'  pre- 
scriptions. 


Pharmacy  163 

The  board  shall  add  to  any  of  the  schedules  from 
time  to  time  as  such  action  becomes  necessary  for  the 
protection  of  the  public.  Schedules  A,  B  and  C  shall 
remain  in  force  until  amended  by  the  rules.  ( Am'd  by  L. 
1910,  ch.  422,  and  L.  1915,  ch.  502,  in  effect  May  3, 
1915.) 

§  239.  Construction  of  article;  temporary  permits,  construe- 
This  article  shall  not  apply  to  the  practice  of  a  physi-  ^cLe01 
cian  that  is  not  the  proprietor  of  a  pharmacy,  drug 
store  or  store,  or  that  is  not  in  the  employ  of  such  'a 
proprietor.  Except  as  to  the  quality  of  drugs  dispensed 
it  shall  not  prevent  physicians  from  supplying  their 
patients  with  such  articles  as  the  physician  deems 
proper.  This  article  shall  not  be  construed  as  preclud- 
ing the  ownership  of  a  pharmacy  or  drug  store  by  an 
unlicensed  person,  firm  or  corporation  provided  such 
pharmacy  or  drug  store  be  conducted  in  accordance 
with  the  provisions  of  said  article.  Except  as  to  the 
labeling  of  poison  and  to  adulterating,  misbranding  and 
substituting,  it  shall  not  apply. 

1.  To  the  sale  of  drugs,  medicines,  chemicals,  prescrip- 
tions or  poisons  at  wholesale  when  not  for  the  use  or 
consumption  of  the  purchaser. 

2.  To  the  sale  of  paris  green,  white  hellebore  and  other 
poisons  for  destroying  insects. 

3.  To  the  sale  of  any  substance  for  use  in  the  arts. 

4.  To  the  manufacture  and  sale  of  proprietary  medi- 
cines. 

5.  To  the  sale  by  merchants  of  the  articles  in  schedule 
C.     (Am'd  by  L.  1910,  ch.  422,  in  effect  Aug.  1,  1910.) 

§    240.  Revocation   of  license;    misdemeanors;    viola-  Revoca- 
tions and  penalties.     No  license  or  certificate  shall  be  [5°^° 
granted  to  any  applicant  guilty  of  felony  or  gross  im-   after 
morality,   or   that   is   addicted  to   the   use   of  alcoholic 
liquors  or  narcotic  drugs  to  such  an  extent  as  to  ren- 
der him  unfit  to  practice  pharmacology.     Any   license 
or   certificate   obtained   by    misrepresentation   or   fraud 


meanors 


1(54  The  Public  Health  Manual 

or  that  is  held  by  any  one  unfit  or  incompetent  from 
negligence,  habits  or  other  cause  may  be  revoked  after 
reasonable  notice  and  an  opportunity  to  be  heard.  The 
wilful  and  repeated  violation  of  any  of  the  provisions 
of  this  article  or  the  rules  is  sufficient  cause  for  the 
revocation  of  a  license  or  certificate.  The  license  or 
certificate  revoked  shall  on  formal  notice  be  delivered 
immediately  to  the  board. 
Misde-  Misdemeanors.     It    is   a   misdemeanor   for 

1.  Any  person  to  procure  or  attempt  to  procure  a 
license  or  certificate  for  himself  or  for  any  other  person 
by  making,  or  causing  to  be  made,  any  false  representa- 
tions. 

2.  Any  pharmacist  to  permit  the  compounding  and 
dispensing  of  prescriptions  of  medical  practitioners  in 
his  pharmacy  by  any  unlicensed  person  or  persons,  ex- 
cept in  the  presence  of  and  under  the  immediate  per- 
sonal  supervision   of. a   pharmacist   or   druggist. 

3.  Any  unlicensed  person  to  prepare  or  to  dispense  a 
medical  prescription  or  physician's  prescription,  or  to 
dispense  or  to  sell  at  retail  poisons  or  medicines  except 
under  the  immediate  personal  supervision  of  a  phar- 
macist or  druggist  whose  license  is  displayed  in  the 
pharmacy  or  drug  store. 

4.  Any  unlicensed  person  to  open  or  to  conduct  or  to 
have  charge  of,  or  to  supervise  any  pharmacy,  drug 
store  or  store  for  retailing,  dispensing  or  compounding 
drugs,  chemicals,  medicines,  prescriptions  or  poisons. 

5.  Any  person  to  fraudulently  represent  himself  to 
be    licensed. 

6.  Any  person  to  intentionally  prevent  or  knowingly 
refuse  to  permit  any  examiner  or  inspector  to  enter  a 
pharmacy,  drug  store  or  store  for  the  purpose  of  law- 
ful inspection. 

7.  Any  person  whose  license  or  certificate  has  been 
revoked,  to  refuse  to  deliver  the  certificate  or  license. 

8.  Any  person  to  omit  his  name  from  the  sign  and  any 


Pharmacy  165 

holder  of  a  license  or  certificate  to  fail  to  display  the 
same. 

9.  Any  proprietor  of  a  pharmacy  or  drug  store  to 
require  more  than  seventy  working  hours  a  week  in 
other  arrangement  than  that  permitted  by  section  two 
hundred  and  thirty-six;  and  for  any  proprietor  of  a 
pharmacy  or  drug  store  to  violate  the  provisions  of  the 
same  section  in  regard  to  sleeping  apartments.  (Anrd 
by  L.  1911,  ch.  630.) 

10.  Any  person  to  adulterate,  misbrand  or  substitute 
any  drug  knowing  or  intending  that  it  shall  be  used, 
or  sells,  offers  for  sale  or  causes  to  be  sold  any  adul- 
terated, misbranded  or  substituted  drug. 

11.  Any  person  to  violate  any  of  the  provisions  of 
this  article  in  relation  to  the  wholesaling,  retailing  or 
dispensing  of  drugs,  chemicals,  medicines,  prescriptions 
and  poisons  for  which  violations  no  other  punishment  is 
imposed. 

Violations  and  penalties.  Any  person  that  violates  vioia- 
any  of  the  provisions  of  this  article  who  is  not  crimi-  penalties'1 
nally  prosecuted,  on  complaint  of  the  board,  as  for  a 
misdemeanor,  shall  forfeit  to  the  people  of  the  state 
of  New  York  the  sum  of  fifty  dollars  for  every  such 
violation,  which  may  be  paid  to  the  board  or  sued  for 
and  recovered  in  the  name  of  the  people  of  the  state 
of  New  York  in  an  action  brought  therefor  by  the 
attorney-general. 

A  person  accused  of  violation  of  any  of  the  pro- 
visions of  this  article  relating  to  adulterating,  mis- 
branding or  substitution  shall  not  be  prosecuted  or  con- 
victed or  suffer  any  of  the  penalties,  fines  or  forfei- 
tures for  such  violation,  if  he  establishes  upon  the 
hearing  or  trial  that  the  drug  or  drugs  alleged  to  be 
adulterated,  misbranded  or  substituted  were  purchased 
by  him  under  a  guaranty  of  the  manufacturer  or  seller 
to  the  effect  that  said  drug  or  drugs  were  not  adulter- 
ated or  misbranded  within  the  meaning  of  this  article 


16G  The  Public  Health  Manual 

and  proves  that  he  has  not  adulterated,  misbranded  or 
substituted  the  same.  A  guaranty  in  order  to  be  a 
defense  to  a  prosecution  or  to  prevent  conviction  or  to 
afford  protection,  must  state  that  the  drug  or  drugs  to 
which  it  refers  are  not  adulterated,  misbranded  or 
substituted  within  the  meaning  of  the  provisions  of 
the  statute  of  New  York  state  and  must  state  also  the 
full  name,  and  place  of  business  of  the  manufacturer, 
wholesaler,  jobber  or  other  person  from  whom  the 
drug  or  drugs  were  purchased.  In  construing  and  en- 
forcing the  provisions  of  this  article  the  word  "  person  " 
shall  import  both  the  plural  and  singular  and  shall  in- 
clude corporations,  companies,  partnerships,  societies 
and  associations,  and  the  act,  omission  or  failure  of  any 
officer,  agent  or  other  employee  acting  for  or  employed 
by  any  person  within  the  scope  of  his  authority  or  em- 
ployment shall  in  every  case  be  the  act,  omission  or 
failure  of  the  person  as  well  as  that  of  the  officer, 
agent  or  other  employee,  and  such  person  shall  be 
equally  liable  for  violations  of  this  article  by  a  part- 
nership, association  or  corporation,  every  member  of 
the  partnership  or  association  and  the  directors  and 
general  officer  of  the  corporation  and  the  general  man- 
ager of  the  partnership,  association  or  corporation, 
shall  be  individually  liable  and  any  action,  prosecution 
or  proceeding  authorized  by  this  article  may  be  brought 
against  any  or  all  of  such  persons.  When  any  prose- 
cution under  this  article  or  under  section  eleven  hun- 
dred and  forty-two,  section  eighty,  section  eighty-one, 
section  eighty-two,  section  seventeen  hundred  and 
forty-two,  section  seventeen  hundred  and  forty-three,  sec- 
tion seventeen  hundred  and  forty-five,  section  seventeen 
hundred  and  forty-six,  section  seventeen  hundred  and 
forty-seven,  section  seventeen  hundred  and  forty-eight, 
section  seventeen  hundred  and  forty-nine  and  section' 
seveteen  hundred  and  sixty  of  the  penal  law  and  any 
amendment   thereto   is   made   on   the   complaint   of   the 


Pharmacy  167 

board,  any  fines  collected  shall  be  paid  into  the  state 
treasury  as  provided  by  this  article.  (Am'd  by  L.  1910, 
ch.  422;  L.  1911,  ch.  630,  and  L.  1915,  ch.  502,  in  effect 
May  3,  1915.) 

§  240-a.  Proof  required  in  prosecuting  for  certain  vio-  Proof  re- 
lations. In  an  action  or  proceeding,  civil  or  criminal,  prose- 
against  any  person  for  violating  any  provision  of  this  cutms 
article  relating  to  retailing  or  dispensing  drugs,  chem- 
icals, medicines,  prescriptions  and  poisons,  or  to  mis- 
branding or  substituting,  it  shall  be  necessary  to  prove 
at  the  trial  or  hearing  that  at  the  time  and  place  of  the 
taking  of  any  sample  of  drugs,  chemicals,  medicines  or 
poisons,  to  be  analyzed,  the  person  taking  the  same  di- 
vided it  into  two  substantially  equal  parts,  hermetically 
or  otherwise  effectively  and  completely  sealed,  delivered 
one  such  sealed  part  to  the  seller,  pharmacist,  druggist  or 
storekeeper  from  whose  premises  such  sample  was  taken 
and  delivered  the  other  part  so  sealed  to  the  chemist 
designated  by  the  state  board  of  pharmacy;  and  the 
facts  herein  required  to  be  proven  shall  be  alleged  in 
the  complaint  or  information  by  which  such  action  or 
proceeding  was  begun.  The  rules  of  the  board  shall  be 
proven  prima  facie  by  the  certificate  of  the  secretary. 
(Added  by  L.  1913,  ch.  223,  am'd  by  L.  1915,  ch.  502, 
in  effect    May  3,  1915.) 

§  241.  Schedules  A,  B  and  C.    These  schedules  remain  Schedules 

A     B 

in   force  until  revised  by  the  board   and  approved  by  an'd  c 
the  regents. 

Schedule  A.  Arsenic,  atropine,  corrosive  sublimate, 
potassium  cyanide,  chloral  hydrate,  hydrocyanic  acid, 
morphine,  strychnine  and  all  other  poisonous  vegetable 
alkaloids  and  their  salts,  oil  of  bitter  almond  contain- 
ing hydrocyanic  acid,  opium  and  its  preparations,  except 
paregoric  and  such  others  as  contain  less  than  two 
grains  of  opium  to  the  ounce. 

Schedule  B.  Aconite,  belladonna,  cantharides,  col- 
chicum,  conium,  cotton  root,  digitalis,  ergot,  hellebore. 


16S  The  Public  Health  Manual 

henbane,  Phytolacca,  strophantus,  oil  of  savin,  oil  of 
tansy,  veratrum  viride  and  their  pharmaceutical  prepara- 
tions, arsenical  solutions,  carbolic  acid,  chloroform,  creo- 
sote, croton  oil,  white  precipitate,  methyl  or  wood 
alcohol,  mineral  acids,  oxalic  acid,  paris  green,  salts  of 
lead,  salts  of  zinc,  or  any  drug,  chemical  or  preparation 
which  is  destructive  to  adult  human  life  in  quantities 
of  sixty  grains  or  less. 

Schedule  C.  Ammonia  water,  bicarbonate  of  soda, 
borax,  camphor,  castor  oil,  cream  of  tartar,  dyestuffs, 
essence  of  peppermint,  essence  of  wintergreen,  non- 
poisonous  flavoring  esssences  or  extracts,  glycerine, 
licorice,  olive  oil,  sal  ammonaic,  saltpetre,  sal  soda,  epsom 
salt,  rochelle  salt,  sulphur,  cod  liver  oil,  vaseline,  petrol- 
eum jellies,  oil  of  origanum,  oil  of  spike,  flaxseed,  rock 
candy,  butter  color,  malt  extract,  extract  of  beef,  beef, 
iron  and  wine,  extract  of  witch  hazel,  quinine  pills, 
cathartic  pills,  >seidlitz  powders,  bay  rum,  perfumes, 
toilet  water,  tumeric,  talcum  powder,  composition 
powder,  porous  plasters,  court  plasters,  copperas,  alum, 
gum  arabic,  lithia  water.  (Am'd  by  L.  19'10,  ch.  422, 
am'd  by  L.  1915,  ch.  502,  in  effect  May  3,  1915.) 

ARTICLE  XI-A 

Habit  forming  drugs  * 

('Repealed   by   L.    1918,   ch.    639,    repeal   to  take   effect 

Feb.  1,  1919.     See  herein  Art,  XXII  of  Public 

Health  Law,  p.  2790 

ARTICLE  XII 

Registration   of   nurses 

Section  250.  Who  may  practice  as  registered  nurses. 

251.  Board  of  examiners;    examination;    fees. 

252.  Waiver  of  examination. 

253.  Violations  of  this  article. 


*  See  Article  XXII,  p.  279 


Registration  of  Nurses  169 

§  250.  Who  may  practice  as  registered  nurses.  Any  Regis- 
resident  of  the  state  of  New  York,  being  over  the  age  nurses 
of  twenty-one  years  and  of  good  moral  character,  hold- 
ing a  diploma  from  a  training  school  for  nurses  con- 
nected with  a  hospital  or  sanitarium  giving  a  course  of 
at  least  two  years,  and  registered  by  the  regents  of  the 
university  of  the  state  of  New  York  as  maintaining  in 
this  and  other  respects  proper  standards,  all  of  which 
shall  be  determined  by  the  said  regents,  and  who  shall 
have  received  from  the  said  regents  a  certificate  of  his 
or  her  qualifications  to  practice  as  a  registered  nurse, 
shall  be  styled  and  known  as  a  registered  nurse,  and  no 
other  person  shall  assume  such  title,  or  use  the  abbre- 
viation R.  N.  or  any  other  words,  letters  or  figures  to 
indicate  that  the  person  using  the  same  is  such  a  regis- 
tered nurse.  Before  beginning  to  practice  nursing 
every  such  registered  nurse  shall  cause  such  certificate 
to  be  recorded  in  the  county  clerk's  office  of  the  county 
of  his  or  her  residence  with  an  affidavit  of  his  or  her 
identity  as  the  person  to  whom  the  same  was  so  issued 
and  of  his  or  her  place  of  residence  within  such  county. 
In  every  thirty-sixth  month  from  the  month  of  January, 
nineteen  hundred  and  six,  every  registered  nurse  shall 
again  cause  his  or  her  certificate  to  be  recorded  in  the 
said  county  clerk's  office,  with  an  affidavit  of  his  or  her 
identity  as  the  person  to  whom  the  same  was  issued, 
and  of  his  or  her  place  of  residence  at  the  time  of  such 
re-registration.  Nothing  contained  in  this  article  shall 
be  considered  as  conferring  any  authority  to  practice 
medicine  or  to  undertake  the  treatment  or  cure  of  dis- 
ease in  violation  of  article  eight  of  this  chapter. 

§  251.  Board  of  examiners;  examination;  fees.     The  Board  of 
board   of    examiners    of   nurses    appointed    pursuant   to  of  a™u°ses 
laws  of  nineteen  hundred  and  three,  chapter  two  hun- 
dred   and    ninety-three,    is    continued.     The    New    York 
state  nurses'  association  at  each  annual  meeting  shall 
nominate  for  examiners  two  of  their  members  who  have 


170 


The  Public  Health  Manual 


Examina- 
tion   fee 


Revoca- 

of    certifi- 
cate 


Waiver     of 
examina- 
tion 


had  not  less  than  five  years'  experience  in  their  profes- 
sion. Upon  the  expiration  of  the  term  of  office  of  any 
examiner  now  in  office  the  regents  of  the  university  of 
the  state  of  New  York  shall  from  the  candidates  so 
nominated  fill  the  vacancy  for  a  term  of  five  years  and 
until  his  or  her  successor  is  chosen.  An  unexpired  term 
of  an  examiner  caused  by  death,  resignation  or  other- 
wise, shall  be  filled  by  the  regents  in  the  same  manner 
as  an  original  appointment  is  made.  The  said  regents, 
with  the  advice  of  the  board  of  examiners  above  pro- 
vided for,  shall  make  rules  for  the  examination  of 
nurses  applying  for  certification  under  this  article,  and 
shall  charge  for  examination  and  for  certification  a  fee 
of  five  dollars  to  meet  the  actual  expenses,  and  shall 
report  annually  their  receipts  and  expenditures  under 
the  provisions  of  this  article,  to  the  state  comptroller, 
and  pay  the  balance  of  receipts  over  expenditures  to  the 
state  treasurer.  The  said  regents  may  revoke  any  such 
certificate  for  sufficient  cause  after  written  notice  to  the 
holder  thereof  and  hearing  thereon.  No  person  shall 
thereafter  practice  as  a  registered  nurse  under  any  such 
revoked  certificate. 

§  252.  Waiver  of  examination.  The  regents  of  the 
university  of  the  state  of  New  York  may  upon  the 
recommendation  of  said  board  of  examiners,  or  upon 
evidence  satisfactory  to  said  regents,  waive  the  exam- 
ination of  any  persons  possessing  the  qualifications  men- 
tioned in  section  two  hundred  and  fifty,  who  shall  have 
been  graduated  before,  or  who  were  in  training  on  the 
twenty-fourth  day  of  April,  nineteen  hundred  and  three, 
and  shall  thereafter  be  graduated,  and  of  such  persons 
now  engaged  in  the  practice  of  nursing  and  who  have 
had  six  years'  experience  in  the  practice  of  nursing  in  a 
general  hospital  prior  to  nineteen  hundred  and  three, 
who   make    application    in   writing   for    such    certificate 

prior    to    July    first,    nineteen    hundred    and    thirteen. 

(Am'dby  L.  1913,  ch.  390.) 


Chiropody  171 

§  253.  Violations  of  this  article.  Any  violation  of  this  violations 
article  shall  be  a  misdemeanor.  When  any  prosecution 
under  this  article  is  made  on  the  complaint  of  the  New 
York  state  nurses'  association,  the  certificate  of  incor- 
poration of  which  was  filed  and  recorded  in  the  office 
of  the  secretary  of  state  on  the  second  day  of  April, 
nineteen  hundred  and  two,  the  fines  collected  shall  be 
paid  to  said  association  and  any  excess  in  the  amount 
of  fines  so  paid  over  the  expenses  incurred-  by  said  as- 
sociation in  enforcing  the  provisions  of  this  article 
shall  be  paid  at  the  end  of  each  year  to  the  treasurer 
of  the  state  of  New  York. 

ARTICLE  XIII 

Chiropody 

Section  270.  Pedic  society  of  the  state  of  New  York. 

271.  Eligibility    to    practice    without    examina- 

tion. 

272.  Board  of  examiners. 

273.  Expenses. 

274.  Real  and  personal  property. 

275.  Rules  and  regulations. 

276.  Privileges  and  immunities. 

277.  Falsely    and    knowingly    claiming    to    have 

a  certificate,  or  to  be  a  member  of  such 
society,  a  misdemeanor. 

278.  Practicing   without   registering    prohibited. 

279.  Person  not  entitled  to  register  unless  hold- 

ing a  license. 

280.  Duty  of  county  clerk. 

281.  Penalty  for  violations  or  neglect  to  comply 

with  this  article. 

282.  Construction  of  this  article. 

Pedic 

§  270.  Pedic  society  of  the  state  of  New  York.     The  Estate 
pedic  society  of  the  state  of  New  York  is  continued  and  Y0r^ew 


172 


The  Public  Health  Manual 


Eligi- 
bility   to 
practice 
without 
examina- 
tion 


Examina- 
tions 


the  officers  thereof  shall  hold  office  until  the  expiration 
of  their  respective  terms. 

§  271.  Eligibility  to  practice  without  examination. 
All  chiropodists  practicing  as  such  within  the  state  of 
New  York,  on  or  before  the  third  day  of  June,  eighteen 
hundred  and  ninety-five,  may,  upon  application  to  the 
regents  of  the  university  of  the  state  of  New  York,  and 
upon  offering  evidence  satisfactory  to  said  regents,  re- 
ceive from  them  a  certificate  which  shall  entitle  the 
person  to  whom  it  is  issued  to  practice  chiropody  within 
this  state,  provided  that  said  certificate  be  filed  with 
the  county  clerk  of  the  county  in  which  such  person 
desires  to  practice  chiropody,  and'  provided  further  that 
application  for  such  certificate  be  made  to  the  regents 
of  the  university  of  the  state  of  New  York  on  or  before 
January  first,  nineteen  hundred  and  fourteen.  (Am'd 
by  L.  1912,  ch.  199,  and  L.  1913,  ch.  499.) 

§  272.  Examinations.  On  and  after  September  first, 
nineteen  hundred  and  twelve,  no  person  not  heretofore 
legally  authorized  to  practice  chiropody  in  the  state  of 
New  York  shall  be  permitted  to  engage  in  such  practice 
unless  he  shall  have  been  duly  licensed  so  to  do  by  the 
regents  of  the  university  of  the  state  of  New  York,  on 
the  recommendation  of  the  state  board  of  medical  ex- 
aminers. 

The  regents  shall  admit  to  examinations  any  candi- 
date who  pays  a  fee  of  twenty-five  dollars  and  submits 
evidence  verified  ny  oath  and  satisfactory  to  the  regents 
that  he  is 

(a)    More  than  twenty-one  years  of  age; 


(b) 


Is  of  good  moral  character: 


(c)  Has  a  preliminary  education  satisfactory  to  the 
requirements  of  the  board  of  regents; 

(d)  Has  graduated  from  a  school  of  chiropody  main- 
taining a  standard  satisfactory  to  the  regents. 

Applicants  from  other   states  and  countries,  present- 
ing credentials  accepted  as  satisfactory  by  the  regents 


Chieopody  173 

and  showing  that  they  have  been  legally  practicing 
chiropody  for  five  years,  may  he  admitted  to  a  licensing 
examination  in  chiropody. 

A  school  of  chiropody  shall  not  matriculate  a  student 
whose  academic  education  is  not  equivalent  to  the  stand- 
ard required  by  the  board  of  regents. 

The  state  board  of  medical  examiners,  or  a  committee 
thereof,  shall  submit  to  the  regents  as  required,  lists  of 
suitable  questions  for  examination  in  anatomy  and  phy- 
siology of  the  feet,  therapeutics,  chemistry,  minor  sur- 
gery and  bandaging.  From  these  lists,  the  regents  shall 
prepare  question  papers  for  all  these  subjects,  which  at 
any  examination  shall  be  the  same  for  all  candidates. 

Examinations  for  licenses  in  chiropody  shall  be  given 
at  the  medical  examinations  whenever  and  wherever 
held  in  this  state,  in  accordance  with  the  regents'  rules, 
and  shall  be  exclusively  in  writing  and  in  English. 
Such  examinations  shall  be  conducted  by  a  regents' 
official,  who  shall  not  be  one  of  the  state  medical  exam- 
iners. At  the  close  of  each  examination,  the  regents' 
official  in  charge  shall  deliver  the  questions  and  answer 
papers  to  the  state  board  of  medical  examiners,  or  to 
its  duly  authorized  committee,  who,  without  unnecessary 
delay,  shall  examine  and  mark  the  answers  and  trans- 
mit to  the  regents  an  official  report  signed  by  the 
secretary  of  the  state  board  of  medical  examiners,  stat- 
ing the  standing  of  each  candidate  in  each  branch  and 
his  general  average,  such  report  shall  include  the  ques- 
tions and  answers  and  shall  be  filed  in  the  public  rec- 
ords of  the  university.  If  a  candidate  fails  on  first 
examination,  he  may,  after  not  less  than  six  months' 
further  study,  have  a  second  examination  without  fee. 
If  the  failure  be  from  illness  or  other  cause  satisfac- 
tory to  the  regents,  they  may  waive  the  required  six 
months'  study. 

On  receiving  from  the  state  board  of  medical  exam- 
iners an  official  report  that  an  applicant  has   success- 


174  The  Public  Health  Manual 

fully  passed  the  examination  and  is  recommended  for 
license,  the  regents  shall  issue  a  license  to  practice 
chiropody  in  keeping  with  the  definition  of  chiropody, 
as  given  in  this  article.  Every  license  -shall  be  issued 
by  the  university  under  seal  and  shall  be  signed  by 
each  acting  examiner  in  chiropody,  by  the  secretary 
of  the  state  board  of  medical  examiners  and  by  the 
officer  of  the  university  who  approved .  the  credentials 
which  admitted  the  candidate  to  examination  and  shall 
state  that  the  licensee  has  given  satisfactory  evidence 
of  fitness  as  to  age,  character,  preliminary  and  pro- 
fessional education  and  of  any  other  matters  required 
by  law,  and  that  after  full  examination  he  has  been 
found  properly  qualified  to  practice  chiropody.  If  any 
person  whose  registration  is  not  legal,  because  of  some 
error,  misunderstanding  or  unintentional'  omission,  shall 
submit  satisfactory  proof  that  he  had'  all  requirements 
prescribed  by  law,  at  the  time  of  his  imperfect  regis- 
tration or  irregular  practice  and  was  entitled  to  be 
legally  registered,  he  may,  on  unanimous  recommenda- 
tion of  the  state  board  of  medical  examiners,  receive 
from  the  regents,  under  'seal,  a  certificate  of  the  facts 
which  may  be  registered  by  any  county  clerk  and  shall 
make  valid  the  previous  imperfect  registration  or  ir- 
regular practice.  Before  any  license  is  issued,  it  shall 
be  numbered  and  recorded  in  a  book  kept  in  the  regents' 
office  and  its  number  shall  be  noted  in  the  license  and 
a  photograph  of  the  licensee  filed"  with  the  records 
This  record  shall  be  open  to  public  inspection  and  in 
all  legal  proceedings  shall  have  the  same  weight  as  evi- 
dence as  is  given  to  a  record  of  conveyance  of  land. 
(Am'd  by  L.  1912,  ch.  199.) 
Expenses  §  273.  Expenses.     The  fees  derived  from  the  operation 

of  this  article  shall  be  paid  into  the  state  treasury,  and 
the  legislature  shall  annually  appropriate  therefrom 
for   the  education   department   an   amount   sufficient  to 


Chiropody  175 

pay    all    proper    expenses    incurred    pursuant    to    this 
article.      (Am'd  by  L.  1912,  ch.   199.) 

§  274.  Real  and  personal  property.     The  said  "  The  Real    a 
pedic  society  of  the  state  of  New  York  "  may  purchase  pr0perty 
and    hold    such    real    and   personal    estate    as   the    pur- 
poses  of   its   corporation   may   require,   but   such   prop- 
erty shall  not  exceed  in  value  the  sum  of  one  hundred 
and   fifty  thousand  dollars. 

§  275.  Rules  and  regulations.!  The  said  "  The  pedic  Rules  and 
society  of  the  state  of  New  York  "  may  make  all  needful  ^0^ 
by-laws,  rules  and  regulations  not  inconsistent  with  any 
existing  law,  for  the  management  of  its  affairs  and 
property.  The  said  "  The  pedic  society  of  the  state  of 
2vew  York"  shall  adopt  and  from  time  to  time  re- 
vise, add  to,  alter,  amend  or  annul  rules  and  formulas 
for  the  proper  use  of  antiseptics  in  the  practice  of 
chiropody  for  the  .purpose  of  preventing  diseases  of  the 
feet.  And  any  chiropodist  who  performs  any  act  of 
chiropody  after  receiving  a  copy  of  such  rules  and 
formulas  without  complying  therewith  and  thereby 
causes  septicemia  or  pyemia  or  other  diseases  shall  on 
proof  thereof  be  liable  to  the  person  so  injured  in  dam- 
ages to  be  sued  for  and  ascertained,  in  an  action  at  law 
before  any  court  of  record  of  this  state  and  proof  of 
non-compliance  with  such  rules  and?  formulas  or  any 
of  them  after  notice  shall  in  any  such  action,  be  pre- 
sumptive  evidence   of   malpractice. 

§    276.   Privileges   and   immunities.     The   said    "  The  privi- 
pedic  society  of  the  state  of  New  York"  shall  be  enti-  5mmuni°a 
tied   to   all   the   privileges   and   immunities   granted    to  ties 
medical,   dental   and  veterinary  societies   of  this   state. 

§  277.  Falsely  and  knowingly  claiming  to  be  a  mem- 
ber of  such  society,  a  misdemeanor.  Any  person  who 
shall  knowingly  and  falsely  and  with  intent  to  deceive 
the  public,   claim   or   pretend  to  be   a  member   of   said 


False 

claims   mis- 
demeanor 


t  See  Sanitary  Code,  Chap.  VII,  Reg.  5  and  6,  p.  357 


176  The  Public  Health  Manual 

pedic  society,  not  being  such  member,  shall  be  deemed 

guilty    of    a    misdemeanor    and    punished    accordingly. 

(Am'd  by  L.  1912,  ch.  199.) 

Practic-  §  278.  Practicing  without  registering  prohibited.    Every 

without        license  to  practice  chiropody  before  the  licensee  begins 

register-       practicing  thereunder  shall  be  registered  in  a  book  kept 

ing    pro-        i  o  o  r 

hibitect         in  the  clerk's  office  of  the  county  where  such  practice 
is  to  be  carried  on,  with  the  name,  the  residence,   the 
place  and  date  of  birth,  and  the  source,  the  number  and 
date    of    his    license    to    practice.     Before    registering, 
each  licensee  shall  file,  to  be  kept  in  a  bound  volume  in 
a  county  clerk's  office,   an  affidavit  of  the  above   facts, 
and  also  that  he   is  the  person  named  in  such  license 
and   had   before   receiving  the   same   complied   with   all 
requirements  as  to  attendance  and  amount  of  study  and 
examinations  required  by  law  and  the  rules  of  the  uni- 
versity as  preliminary  to  the  conferment  thereof;   that 
no  money  was  paid  for  such  license  except  the  regular 
fees  paid  by  all  applicants  therefor;  that  no  fraud,  mis- 
representation  or  mistake  in  any  material   regard  was 
employed   by   any  one    or   occurred0  in   order   that   such 
should  be  conferred.     Every  license,  or   if  lost,  a  copy 
thereof,  legally  certified  so  as  to  be  admissible  as  evi- 
dence, or  a  duly  attested  transcript  of  the  record  of  its 
conferment  shall,  before  registering,  be  exhibited  to  the 
county   clerk,   who,   only   in   case   it   was   issued   or   in- 
dorsed as  a  license  under  seal  by  the  regents  shall  in- 
dorse or  stamp  on  it  the  date  and  his  name,  preceded 
by    the    words    "  registered    as    authority    to    practice 

chiropody  in  the  clerk's  office  of   county." 

The  clerk  shall  thereupon  give  to  every  chiropodist  so 
registered,  a  transcript  of  the  entries  in  the  register  with 
a  certificate,  under  seal,  that  he  has  filed  the  pre- 
scribed affidavit.  The  regents  may,  in  their  discretion 
and  for  cause  deemed  by  them  to  be  satisfactory,  in- 
dorse as  a  license  a  certificate  issued  by  the  Pedic  So- 
ciety of  the  State  of  New  York,  prior  to  September  first, 


Ohikopody  177 

nineteen  hundred  and  twelve,  notwithstanding  the  fail- 
ure of  the  holder  thereof  to  cause  the  same  to  be  regis- 
tered prior  to  such  date  as  required  by  the  law  then 
in  force,  provided  application  for  such  indorsement  be 
made  on  or  before  August  first,  nineteen  hundred  and 
seventeen.  (Am'd  by  L.  1912,  ch.  199;  L.  1914, 
ch.  317,  and  L.  1917,  ch.  105,  in  effect  Mar.  30,  1917.) 

§  279.  Persons  not  entitled  to  register  unless  holding  a  Not  en- 
license.     No  person   shall  be   entitled  to  register   as  a  regfsdterto 
chiropodist  unless  he  or  she  shall  hold  the  license  pro-  without 

liCGns© 

vided  for  in  section  two  hundred  and  seventy-two  of 
this  article,  or  a  certificate  issued  by  the  Pedic  Society  of 
the  State  of  New  York,  and  indorsed  by  the  regents  as 
provided  in  the  preceding  section.  Every  unrevoked  cer- 
tificate and  indorsement  of  registry  made  as  provided  in 
this  article,  shall  be  presumptive  evidence  in  all  courts 
and  places  that  the  person  named  therein  is  legally  regis- 
tered. After  September  first,  nineteen  hundred  and 
twelve,  no  person  shall  register  any  authority  to  practice 
chiropody  unless  it  has  been  issued  or  indorsed  as  a 
license  by  the  regents.  No  such  registration  shall  be 
valid  unless  the  authority  registered  constituted  at  the 
time  of  the  registration  a  license  under  the  laws  of  the 
state  then  in  force.  (Am'd  by  L.  1912,  ch.  199  and  L. 
1914,  ch.  317,  in  effect  April  14,  1914.) 

§  280.  Duty  of  county  clerk.  The  county  clerk  of  Duty  of 
each  county  shall  provide  a  book  to  be  known  as  the  l™^7 
register  of  chiropodists,  in  which  shall  be  recorded  the 
matters  in  section  two  hundred  and  seventy- eight  of 
this  article  set  forth,  and  shall  thereupon  give  to  every 
registrant  a  transcript  of  the  entries  in  the  register 
with  a  certificate  under  seal  that  he  has  filed  the  pre- 
scribed affidavits.  Every  applicant  who  shall  have 
complied  with  the  foregoing  provisions  and  shall  be 
admitted  to  registration  shall  pay  to  the  clerk  of 
said  county  the  sum  of  one  dollar,  which  shall  be 
received  as  full  compensation  for  such  registration,  affi- 


ITS  The  Public  Health  Manual 

davit  and  certificate.  A  practicing  chiropodist  having 
registered  a  lawful  authority  to  practice  chiropody  in 
one  county  and  removing  such  practice  or  a  part  thereof 
to  another  county  or  regularly  engaged  in  practicing 
or  opening  an  office  in  another  county,  or  shall  have  his 
office,  practice  or  any  part  thereof  removed  from  one 
county  to  another  by  an  act  of  legislature  creating  a 
new  county  from  a  then  existing  county,  thereby  caus- 
ing his  office  or  practice  to  be  situated  in  a  new  county, 
shall  show  or  send  by  registered  mail  to  the  clerk  of 
such  other  or  new  county  his  certificate  of  registration. 
If  such  certificate  clearly  shows  that  the  original  regis- 
tration was  under  the  provisions  of  any  law  now  or 
heretofore  in  effect  or  of  an  authority  issued  under  seal 
by  the  regents,  or  if  the  certificate  itself  is  indorsed 
by  the  regents  as  entitled  to  registration,  the  clerk  shall 
thereupon  register  the  applicant  in  the  latter  or  new 
county  on  receipt  of  a  fee  of  twenty-five  cents,  and  shall 
stamp  or  indorse  on   such  certificate  the  date  and  his 

name  preceded  by  the  words  "  registered  also  in  

county,"    and   return    the    certificate    to    the    applicant. 
(Am'd   by   L.    1912,    ch.    199    and   L.    1915,    ch.    55,   in 
effect  March  11,  1915.) 
viola-  §  281.  Penalty  for  violations  or.  neglect  to  comply  with 

penalty  this  article.  Any  person  who  shall  present  to  any 
county  clerk  for  the  purpose  of  registration,  any  license 
which  has  been  fraudulently  obtained,  or  shall  obtain 
any  license  under  this  article  by  any  false  or  fraudulent 
statement  or  representation,  or  shall  practice  chiropody 
or  any  branch  thereof  within  this  state  without  con- 
forming to  the  requirements  of  this  article,  or  shall 
otherwise  violate  or  neglect  to  comply  with  any  of  the 
provisions  of  this  article,  shall  be  guilty  of  a  misde- 
meanor, and  shall  on  conviction,  for  each  and  everj 
offense  be  punished  by  a  fine  of  not  less  than  fifty  dol- 
lars nor  more  than  one  hundred  dollars,  or  by  impris- 
onment for  a  term  not  less  than  thirty  days  and  not 


Chiropody  179 

more  than  one  year,  or  by  both  fine  and  imprisonment. 
Any  person  who  shall  practice  chiropody  under  a  false 
or-  assumed  name  or  shall  falsely  personate  another 
practitioner  or  former  practitioner  of  a  like  or  differ- 
ent name,  shall  likewise  be  guilty  of  a  misdemeanor 
and  punished  accordingly.  The  regents  may  revoke  the 
license  of  a  chiropodist  or  annul  his  registration  or  do 
both  in  any  of  the  following  cases : 

(a)  Conviction  of  a  felony;  (b)  Fraud  or  deceit  in 
practice;  (c)  If  the  practitioner  be  a  habitual  drunkard 
or  be  habitually  addicted  to  the  use  of  morphine,  opium, 
cocaine,  or  other  drugs  having  a  similar  effect;  (d)  If 
the  practitioner  undertakes  or  engages  in  any  prac- 
tice beyond  the  privileges  and  rights  accorded  to  him 
in  his  license;  (e)  If  his  license  has  been  obtained 
through  any  false  or  fraudulent  representations  or  ac- 
tions upon  his  part. 

Proceedings  for  the  revocation  of  a  license  or  the 
annulment  of  a  registration  shall  be  begun  by  filing 
the  written  charge  or  charges  against  the  accused. 
These  charges  may  be  preferred  by  any  person  or  cor- 
poration, or  the  regents  may  on  their  own  motion  direct 
the  executive  officer  of  the  board  of  regents  to  prefer 
said  charges.  Said  charges  shall  be  filed  with  the  ex- 
ecutive officer  of  the  board  of  regents  and  a  copy  thereof 
shall  be  filed  with  the  secretary  of  the  board  of  medical 
examiners,  which  latter  body  shall  designate  •  a  com- 
mittee, of  their  number,  to  hear  and  determine  said 
charges.  The  time  and  place  for  the  hearing  of  said 
charges  shall  be  fixed  by  said  committee  as  soon  as 
convenient,  and  a  copy  of  the  charges,  together  with  a 
notice  of  the  time  and  place  when  they  will  be  heard 
and  determined,  shall  be  served  upon  the  accused  or 
his  counsel  at  least  ten  days  before  the  date  actually 
fixed  for  such  hearing.  Service  shall  be  in  person  or  by 
publication  and  shall  indicate  a  definite  time  and  place 
for  a  hearing.     At  said  hearing  the  accused  shall  have 


180  The  Public  Health  Manual 

the  right  to  cross-examine  the  witnesses  against  him 
and  to  produce  witnesses  in  his  defense  and  to  appear 
personally  or  by  counsel.  The  said  committee  shall 
make  a  written  report  of  its  findings  and  recommenda- 
tions to  be  signed  by  all  its  members  and  the  same  shall 
be  forthwith  transmitted  to  the  executive  officer  of  the 
board  of  regents.  If  the  said  committee  shall  unan- 
imously find  that  said  charges  or  any  of  them  are  sus- 
tained and  shall  unanimously  recommend  that  the  li- 
cense of  the  accused  be  revoked  or  his  registration  be 
annulled,  the  regents  may  thereupon,  in  their  discre- 
tion, revoke  said  license  or  annul  said  registration,  or 
do  both.  If  the  regents  annul  such  registration,  they 
shall  forthwith  transmit'  to  the  clerk  of  the  county  or 
counties  in  which  said  accused  is  registered  as  a 
chiropodist,  a  certificate  under  their  seal  certifying  that 
such  registration  has  been  annulled,  and  said  clerk  shall, 
upon  receipt  of  such  certificate,  file  the  same  and  forth- 
with mark  such  registration  "Annulled."  Any  person 
who  shall  practice  chiropody,  after  his  registration  has 
been  marked  "Annulled,"  shall  be  deemed  to  have 
practiced  chiropody  without  registration,  and  in  viola- 
tion of  this  article.  But  nothing  in  this  article  shall 
be  construed  to  prohibit  any  duly  and  legally  licensed 
or  authorized  physician  or  surgeon  from  practicing 
chiropody  or  any  branch  thereof.  When  any  prosecu- 
tion under  this  article  is  made  on  the  complaint  of 
"  The  pedic  society  of  the  state  of  New  York,"  the 
fines  when  collected  shall  be  paid  to  the  said  "  The  pedic 
society  of  the  state  of  New  York,"  and  any  excess  of 
the  amount  of  such  fines  over  the  expenses  incurred 
by  the  said  society  in  enforcing  the  law  of  this  state 
relating  to  the  practice  of  chiropody,  shall  be  paid  at 
the  end  of  the  year  by  the  said  society  to  the  treas- 
urer of  the  state  of  New  York  for  the  common  school 
fund.  (Am'd  by  L.  1912,  ch.  199,  in  effect  Sept.  1, 
1912.) 


Embalming  and  Undertaking  J  81 

§  282.  Construction  of  this  article.  For  the  purpose 
of  this  article  "  chiropody  "  is  understood  to  be  the  sur- 
gical treatment  of  abnormal  nails,  all  superficial  ex- 
crescenses  occurring  on  the  hands  and  feet,  such  as 
corns,  warts  or  callosities,  and  the  treatment  of  bunions; 
but  it  shall  not  confer  the  right  to  operate  upon  the 
hands  or  feet  for  congenital  or  acquired  deformities, 
or  for  conditions  requiring  the  use  of  ansesthetics  other 
than  local,  or  incisions  involving  structures  below  the 
level  of  the  true  skin. 

ARTICLE  XIV 
Embalming  and  undertaking 

Section  290.  Board  of  embalming  examiners. 

291.  Corporate    name;     powers    and    duties    of 

board. 

292.  Examination    questions    and    appointments 

for  examinations. 

293.  Application  for  license  and  examination. 

294.  Duty   of   state  board   of   health  concerning 

reports  of  examination. 

295.  License   to   practice   as   undertaker. 

296.  Reciprocal  licenses;   license  not  assignable. 

297.  Application  of  income  derived  from  licenses 

( repealed ) . 

298.  Prohibiting  practice  of  embalming  without 

a  license. 

299.  Violations  of  article. 


§  290.  Board  of  embalming  examiners;  compensation.  Board  of 
The  board  of  embalming  examiners  of  the  state  of  New  j™13^1™" 
York  is  continued.     The  members  of  said  board  now  in  aminers 
office    shall    continue    in    office   until   the   expiration    of 
their  respective  terms.     The  board  shall  consist  of  five 
members    appointed    by    the    governor,    each    of    whom 
shall  serve  for  a  term   of  three  years.     Any  vacancies 
occurring  in  said  board  shall  be  filled  by  the  governor, 


182 


The  Public  Health  Manual 


Compen- 
sation 


Corporate 
name 


Powers 
and    duties 
of    board 


for    the    unexpired    term.     The    governor    may    remove 
from  office  any  member  of  said  board  of  examiners  for 
continued   neglect   of   any   of   the   duties   imposed   upon 
him  by  this  article,  or  for  incompetency  or   improper 
conduct.     No   person   shall  be   eligible  to   appointment 
as  a  member  of  said  board  unless  he  shall  have  had  an 
experience   of    at   least   five    years    as    undertaker    and 
embalmer,  and  be  duly  licensed  in  each  capacity.     Each 
member  of  said  board  shall  receive  an  annual  salary  of 
two  hundred  dollars  and  in  addition  thereto  all  neces- 
sary expenses  incurred  in  the  performance  of  his  duties. 
The    secretary    shall    receive    an   annual    salary   of   one 
thousand  dollars  in  addition  to  his  salary  as  a  member. 
(Am'd  by  L.  1911,  ch.  841;  L.  1913,  ch.  71,  and  L.  1917, 
ch.  230,  in  effect  April  20,  1917.) 

§  291,  Corporate  name;  powers  and  duties  of  board 
Said  board  shall  be  known  by  the  name  "  Board  of 
embalming  examiners  of  the  state  of  New  York/'  Every 
person  appointed  to  serve  on  said  board  shall  receive 
a  certificate  of  his  appointment  from  the  governor  of 
the  state  of  New  York,  and  within  fifteen  days  after 
receiving  such  certificate,  shall  take,  subscribe  and  file, 
in  the  office  of  the  secretary  of  state,  the  oath  prescribed 
by  the  thirteenth  article  of  the  constitution  of  the  state 
of  New  York.  The  board  may  adopt  a  common  seal 
and  shall  elect  from  its  membership  a  president  and 
secretary.  Said  board  shall  ascertain  what  constitute 
the  best  tests  for  determining  whether  life  is  extinct, 
and  shall  prescribe  the  using  of  such  tests,  before  em- 
balming, as  they  may  deem  necessary;  and  all  persons 
thereafter  embalming  the  dead  shall  apply  such  tests 
prescribed  before  injecting  any  fluid  into  any  body.  Said 
board  by  its  presiding  officer  may  issue  subpoenas  and 
administer  oaths  to  witnesses,  and  a  quorum  of  said 
board,  which  shall  consist  of  not  less  than  three  mem- 
bers, and  any  committees  thereof,  is  hereby  authorized 
to  take  testimony  concerning  matters  within  its  juris- 


Embalming  and   Undertaking  183 

diction.    Said  board  shall,  from  time  to  time,  make  and 

adopt   rules,    regulations   and   by-laws   not   inconsistent  Rules  and 


regula- 


ap- 


with  law,  whereby  the  performance  of  the  duties  of  said  tions 
board  and  the  transaction  of  the  business  and  the  prac-  Proved  bv 

state 

tice  of  embalming  and  undertaking  shall  be  regulated  health 
and  performed,  subject  to  the  approval  of  the  state  de-  ^eepnatrt' 
partment  of  health.  A  certified  copy  of  any  of  said  rules 
and  regulations,  attested  as  true  and  correct  by  the  sec- 
retary of  said  board  of  embalmers,  shall  be  presumptive 
evidence  of  the  regular  making,  adoption  and  approval 
thereof.  The  said  board  may  investigate  all  alleged  vio- 
lations of  the  statutes  relating  to  embalming  and  under- 
taking, and  of  all  rules  and  regulations  adopted  as 
provided  in  this  section.  It  may  revoke  any  license  of  Revoca- 
an  undertaker  or  embalmer  upon  proof  that  the  same  ij°ensef 
was  procured  by  fraud  or  that  the  holder  thereof  has 
been  convicted  of  a  felony  or  has  violated  any  of  the 
provisions  of  the  public  health  law,  the  general  rules 
and  regulations  promulgated  by  the  state  commissioner 
of  health,  the  rules  and  regulations  of  the  state  board 
of  embalming  examiners,  the  sanitary  code  established 
by  the  public  health  council  of  the  state  of  New  York  or 
of  any  statute  relating  to  undertaking  or  embalming  or 
vital  statistics,  which  now  is  or  may  be  enacted,  pro- 
mulgated or  established.  (Am'd  by  L.  1913,  ch.  71,  and 
L.  1917,  ch.  230,  in  effect  April  20,  1917.) 

§  292.  Examination  questions  and  appointments  for  Examma- 
examinations.  For  the  purpose  of  providing  for  and  tlons 
securing  uniform  examination  throughout  the  state,  and 
requiring  a  proper  standard  of  qualification  for  all  can- 
didates, the  said  board  of  embalming  examiners  shall, 
from  time  to  time,  submit  to  the  state  department  of 
health,  lists  of  examination  questions  for  the  thorough 
examination  of  applicants  for  license  as  embalmers,  in 
accordance  with  the  rules  and  regulations  made,  adopted 
and  approved  as  hereinbefore  prescribed.  Said  exam- 
ination  questions    shall   pertain   to   embalming,    sanita- 


184  The  Public  Health  Manual 

state  tion   and   disinfection.     For   the  purpose  of   examining 

ment  of       applicants  for  license  as  embalmers  the  said  state  de- 

heaith  to     partment  of  health  shall  appoint  the  times  and  places 
appoint  *  ri  r 

time    and    for  holding  examinations,  which  examinations  shall  be 

examina-      neld  at  least  once  in  each  three  months.     Such  appoint- 
tions,  ment  shall  be  made  with  due  regard  to  the  convenience 

examiner,  ° 

and  select  of  applicants  and  the  public  service.  Said  state  depart- 
ques  ions  meni  0f  neaith  shall  also  prescribe  the  mode  and  manner 
of  such  examinations  and  appoint  the  examiner  to  con- 
duct the  same,  and  such  examinations  shall  be  had  and 
taken  upon  questions  selected  by  said  state  department 
of  health  from  the  lists  hereinbefore  required  to  be 
submitted  by  said  board  of  embalming  examiners,  and 
upon  such  other  questions  as  they  shall  deem  proper. 
Appiica-  §  293.  Application  for  license  and  examination.    Every 

license  and!  person  desiring  to  engage  in  the  business  or  practice  of 
examma-      embalming,  within  the  state  of  New  York,  shall  make  a 

tion  o'  ' 

written  application  to  the  said  board  of  embalming  ex- 
aminers for  an  examination  for  an  embalmer's  license, 
accompanying  the  same  with  the  application  fee  of  live 
dollars,  and  with  a  certificate  of  some  reputable  person, 
that  said  applicant  is  more  than  twenty-one  years  of  age, 
is  of  good  moral  character,  and  has  obtained  a  common 
school  education,  whereupon  the  secretary  of  said  board 
of  embalming  examiners  shall  issue  to  said  applicant 
a  permit  to  enter  any  examination  held  pursuant  to  the 
provisions  of  this  article.  At  the  close  of  every  such  ex- 
amination, the  questions  submitted  and  the  answers 
made  thereto  by  the  applicant,  shall  be  forthwith  de- 
livered, by  the  examiner  conducting  such  examination, 
to  the  board  of  embalming  examiners,  who  shall,  with- 
out unnecessary  delay,  transmit  to  the  state  board  of 
health  an  official  report  thereon,  signed  by  its  president 
and  secretary,  stating  in  detail  the  result  of  the  exam- 
ination of  each  candidate.  Such  report  shall  embrace 
all  the  examination  papers,  questions  and  answers 
thereto,  and  shall  be  kept  for  reference  and  inspection 


Embalming  and   Undertaking  185 

among  the  public  records  of  the  state  board  of  health. 
(Arn'd  by  L.  1913,  ch.  71,  in  effect  March  11,  1913.) 

§  294.  Duty  of  state  board  of  health  concerning  re-  state 
ports  of  examination.    On  receiving  such  official  reports  ^atrt" . 
of  the  examination  of  applicants  for  license,  the  state  health, 
board  of  health  shall  examine  and  verify  the  same,  and  examina- C 
thereupon  recommend  for  license  by  the  board   of  em-  tlons 
balming  examiners,  those  applicants  who  shall,  in  their 
judgment,  be   duly  qualified   to   practice   embalming   of 
human    dead   bodies   in   the   state   of   New   York,   upon 
said  applicant  paying  to  the  secretary  of  the  board  of 
embalming   examiners   an   examining   and  licensing   fee 
of  ten  dollars.     Said  license,  when  issued  shall  be  re- 
corded by  the  board  of  embalming  examiners,  and  such 
record   shall  be   open  to  public  inspection.      (Am'd  by 
L.  1913,  ch.  71,  in  effect  March  11,  1913.) 

§  295.  Undertakers;    examinations    and    licenses.      I.  under- 
After  this  section  takes  effect,  no  person,  except  as  other-  examina- 
wise  provided  in  this  section,  shall  engage  in  the  busi- 
ness or  practice  of  undertaking  without  a  license  either 
provided  for  or  mentioned  in  this  section  or  provided 
for  in  section  two  hundred  and  ninety-six. 

2.  Any  person  who,  at  the  time  this  section  takes 
effect,  shall  be  actually  engaged  in  the  business  and 
practice  of  undertaking  and  is  desirous  of  continuing 
therein  shall  be  entitled  to  a  license  therefor,  without 
examination,  by  filing  with  the  board  on  or  before  Sep- 
tember first,  nineteen  hundred  and  seventeen,  a  written 
verified  application  stating  therein  the  fact  of  his  hav- 
ing been  so  engaged  and  accompanying  the  same  with 
the  payment  of  a  fee  of  ten  dollars. 

3.  The  holder  of  any  license  issued  under  any  former 
provision  of  this  chapter  or  by  authority  of  any  other 
law,  for  engaging  in  the  business  or  practice  of  under- 
taker, shall  not  be  required  to  obtain  any  other  license 
therefor. 

4.  Applicants  for  undertakers'  licenses  whose  exami- 


tions   and 
licenses 


186  The  Public  Health  Manual 

nations  were  pending  on  October  twenty-fourth,  nineteen 
hundred  and  sixteen,  upon  successfully  passing  such 
examination,  shall  be  licensed  to  engage  in  the  business 
and  practice  of  undertaking  upon  the  payment  of  a 
license  fee  'of  five  dollars. 

5.  Any  other  person  desiring  to  engage  in  the  busi- 
ness and  practice  of  undertaking  shall  make  a  written 
application  to  the  board  of  examination  for  an  under- 
taker's license.  The  application  shall  be  accompanied 
with  the  certificate  of  two  reputable  persons,  not  related 
to  the  applicant,  that  the  applicant  is  over  twenty-One 
years  of  age,  is  of  good  moral  •  character  and  has  at 
least  a  common  school  education.  The  application  shall 
also  be  accompanied  with  the  payment  of  a  fee  of  five 
dollars.  The  secretary  of  the  board  shall  issue  to  the 
applicant  a  permit  to  enter  any  examination  for  the, 
license  provided  for  in  this  subdivision.  Upon  the 
applicant's  passing  a  satisfactory  examination  in  sani- 
tation, disinfection,  preparation  and  care  of  human  dead 
bodies  for  burial  or  transportation,  and  in  the  laws 
and  health  regulations  applicable  to  the  care,  interment 
and  cremation  of  the  dead,  the  board  shall  issue  to  said 
applicant,  on  payment  of  a  further  fee  of  ten  dollars, 
a  license  to  engage  in  the  business  and  practice  of 
undertaking. 

6.  If  a  firm  or  corporation  shall  desire  to  engage  in 
the  business  or  practice  of  undertaking  at  least  one 
member  of  such  firm  and  the  manager  of  each  place  of 
business  conducted  by  a  corporation  shall  be  a  licensed 
undertaker;  and  no  member  of  a  firm  whose  duties 
engage  him  in  the  care,  preparation,  disposal  and  burial 
of  dead  human  bodies  shall  discharge  the  duties  of  his 
employment  unless  he  shall  be  licensed  in  accordance 
with  the  provisions  of  this  article. 

7.  The  provisions  of  this  section  shall  not  be  con- 
strued to  prohibit  any  person  from  engaging  in  the 
business  or  practice  of  undertaking,  who  complied  with 


EMBALMING    AND     UNDERTAKING  187 

former  provisions  of  this  section  relating  thereto  or 
with  chapter  four  hundred  and  ninety-eight  of  the  laws 
of  nineteen  hundred  and  four,  as  amended  by  chapter 
five  hundred  and  seventy-two  of  the  laws  of  nineteen 
hundred  and  five,  or  by  chapter  eight  hundred  and  forty- 
one  of  the  laws  of  nineteen  hundred  and  eleven,  or 
chapter  seventy-one  of  the  laws  of  nineteen  hundred 
and  thirteen.  ( Am'd  by  L.  1911,  eh.  841 ;  L.  1913,  eh.  71, 
and  L.  1917,  ch.  230,  in  effect  April  20,  1917.) 

§  296.  Reciprocal  licenses;  license  not  assignable.  Any  Recip- 
b  older  of  a  license  issued  by  state  authority  in  any  other  j^"^^ 
state  maintaining  a  system  and  standard  of  examination 
for  licenses  to  engage  in  the  business  of  undertaking,  or 
of  the  practice  of  embalming  which  in  the  judgment  of 
the  board  shall  be  substantially  equivalent  to  those 
required  in  this  state  for  the  issue  of  licenses  therefor, 
may  obtain  a  license  from  the  board  under  the  provisions 
of  this  article  without  examination,  in  the  discretion  of 
the  board,  upon  payment  of  the  application  and  license 
fees  provided  for  herein.  A  copy  of  any  license  issued 
by  said  board  or  of  any  rules,  regulations,  applications 
or  other  records  or  files  of  said  board  duly  certified  as 
correct  by  the  secretary  of  the  board  of  embalming  ex- 
aminers shall  be  entitled  to  be  admitted  in  evidence  in 
any  of  the  courts  of  this  state,  and  shall  be  presumptive 
evidence  as  to  the  facts  therein  contained.  Every  person 
licensed  pursuant  to  the  provisions  of  this  article  shall 
register  that  fact  in  the  office  of  the  board  of  health 
of  the  city,  town  or  place  in  which  it  is  proposed  to 
carry  on  said  business,  and  shall  display  such  license 
in  a  conspicuous  place  in  the  office  or  place  of  business 
of  such  licensee.     No  license  granted  or  issued  by  said  Licenses 

board  shall  be  assignable,  and  every  such  license  shall  not 

"  assign- 

specify  by  name  the  person  to  whom  it  shall  be  issued,  able 

and  not  more  than  one  person  shall  practice  embalming 

under  one  license.     This  section  shall  not  apply  to  any 

personal  representative  of  any   deceased  undertaker  to 


188  The  Public  Health  Manual 

whom  a  license  shall  have  been  issued  under  this  article, 
who  engages  in  the  business  of  undertaking  and  embalm- 
ing with  a  person  duly  authorized  to  practice  the  same 
under  the  provisions  of  this  article.  (Am'd  by  L.  1913, 
ch.  71,  in  effect  March  11,  1913.) 

§  297.  Application   of  income   derived  from  licenses. 
(Section  repealed  by  L.  1917,  ch.  230,  in  effect  April  20, 
1917.) 
Pro-  §  298.  Prohibiting  practice  of  embalming  without  a 

practice  of  license.  No  person  to  whom  a  license  has  not  been 
embalm-  issued  as  prescribed  by  laws  of  eighteen  hundred  and 
without  ninety-eight,  chapter  five  hundred  and  fifty-five,  as 
amended,  or  who  has  not  passed  the  examination  for 
practicing  embalming  herein  prescribed  and  been  licensed 
as  herein  specified,  shall  transact  or  practice  or  hold 
himself  or  herself  out  as  transacting  or  practicing  the 
business  or  practice  of  embalming  of  dead  human  bodies 
within  this  state,  except  that  nothing  in  this  article  con- 
tained shall  apply  to  commissioned  medical  officers  in 
the  army  of  the  United  States,  or  in  the  United  States 
marine  hospital  service  while  so  commissioned,  or  any 
one  actually  serving  as  a  member  of  the  resident  medical 
staff  of  any  legally  incorporated  hospital,  or  to  any 
person  duly  licensed  to  practice  as  a  physician  or  sur- 
geon in  this  state.  (Am'd  by  L.  1911,  ch.  841,  in  effect 
July  28,  1911.) 
viola-  §  299.  Violations  of  article.     Any  person  who  shall 

engage  in  the  business  or  practice  of  embalming  or 
undertaking  in  violation  of  any  provision  of  this  article 
shall  be  liable  to  a  penalty  of  one  hundred  dollars  and 
shall  also  be  guilty  of  a  misdemeanor.  Each  day  dur- 
ing which  or  any  part  of  which  any  such  prohibited 
business  or  practice  is  continued  shall  be  deemed  a 
separate  violation.  One  or  more  penalties  for  one  or 
more  violations  by  the  same  person  within  any  period 
of  time  may  be  sued  for  and  recovered.  (Added  by  L. 
1911,  ch.  841  and  amended  by  L.  1917,  ch.  230,  in  effect 
April  20,  1917.) 


tions 


Optometry  189 


ARTICLE  XV 

Optometry 

Section  300.  Definition;  application  of  article. 

301.  State  board  of  examiners. 

302.  Powers  of  board. 

303.  Examinations;  certificates  for  practitioners. 

304.  Certificate  to  be  recorded  and  displayed. 

305.  Fees. 

306.  Revocation  of  certificate. 

307.  Violations  of  article. 

308.  Construction  of  article. 

§  300.  Definition;  application  of  article.    The  practice  optom- 
of  optometry  is  defined  to  be  the   employment  of  any  etry> 
means,  other  than  the  use  of  drugs,  for  the  measurement 
of  the  powers  of  vision  and  the  adaptation  of  lenses  for 
the  aid  thereof. 

§  301.  State  board  of  examiners.      The  board  of  ex-  state 
aminers  in  optometry  is  continued.   The  members  of  said  .1,oarc\  of 

1  J  examiners 

board  now  in  office  shall  continue  in  office  until  the  ex- 
piration of  their  respective  terms.  Such  board  of  ex- 
aminers shall  consist  of  five  persons,  appointed  by  the 
state  board  of  regents,  and  shall  possess  sufficient  knowl- 
edge of  theoretical  and  practical  optics  to  practice  op- 
tometry and  shall  have  been  residents  of  this  state 
actually  engaged  in  the.  practice  of  optometry  for  at 
least  five  years.  The  term  of  each  member  of  said  board 
shall  be  five  years,  or  until  his  successor  is  appointed, 
and  vacancies  shall  be  filled  for  the  unexpired  term  only. 
(Am'd  L.  1917,  ch.  176,  in  effect  April  14,  1917.) 

§   302.   Powers   of  board.      Said  board  of   examiners  Powers    of 
shall,  subject  to  the  approval  of  the  regents,  make  such 
rules  and  regulations,  not  inconsistent  with  the  law,  as 
may   be   necessary    for   the   proper    performance   of    its 
duties;  any  member  of  the  board  may  upon  being  duly 


board 


190 


The  Public  Health  Manual 


Examina- 
tions; 
certifi- 
cates   of 
practi- 
tioners 


'designated  by  the  board,  or  a  majority  thereof,  adminis- 
ter oaths  or  take  testimony  concerning  any  matter 
within  the  jurisdiction  of  the  board. 

§  303.  Examinations;  certificates  of  practitioners. 
Every  person  desiring  to  commence  or  to  continue  the 
practice  of  optometry  after  January  first,  nineteen  hun- 
dred and  nine,  except  as  hereinafter  provided,  upon 
presentation  of  satisfactory  evidence,  verified  by  oath, 
that  he  is  more  than  twenty-one  years  of  age,  of  good 
moral  character,  has  a  preliminary  education  equivalent 
to  at'  least  two  years  in  a  registered  high  school,  and 
after  January  first,  nineteen  hundred  and  twenty,  has 
a  preliminary  education  equivalent  to  at  least  four 
years  in  a  high  school  approved  by  the  board  of  regents, 
and  has  also  studied  at  least  three  years  in  a  registered 
optometrist's  office,  or  has  graduated  from  a  school  of 
optometry,  maintaining  a  standard  satisfactory  to  said 
board  of  regents,  shall  take  an  examination  before  said 
board  of  examiners  to  determine  his  qualifications  there- 
for. Students  entering  on  the  study  of  optometry  in  a 
registered  optometrist's  office  shall  file  with  the  regents 
an  application  for,  and  on  payment  of  fee  of  one  dollar, 
receive  a  certificate  of  fact,  and  only  candidates  so 
registered  shall  be  entitled  to  admission  to  the  licensing 
examination  without  attendance  upon  a  school  of  op- 
tometry as  required  by  this  act.  Every  candidate 
successfully  passing  such  examination  shall  be  regis- 
tered by  said  board  of  regents  as  possessing  the  qualifi- 
cations required  by  this  article,  and  shall  receive  from 
said  board  of  regents  a  certificate  thereof,  but  any 
person  who  shall  submit  to  said  board  of  examiners 
satisfactory  proof  as  to  his  character,  competency,  and 
qualifications,  and  that  he  has  been  continuously  engiged 
in  the  practice  of  optometry  in  "(his  state  for  more  than 
two  years  next  prior  to  the  time  that  chapter  four  hun- 
dred and  sixty  of  the  laws  of  nineteen  hundred  and 
eight    took    effect,    may    upon    the    recommendation    of 


Optometry  191 

said  board  of  examiners  receive  from  the  board  of  re- 
gents a  certificate  of  exemption  from  such  examination, 
which  certificate  shall  be  registered  and  entitle  him  to 
practice  optometry  under  this  article.  Every  person 
who  was,  on  the  twenty-first  day  of  May,  nineteen  hun- 
dred and  eight  when  section  two  hundred  and  nine-d 
of  the  public  health  law,  as  then  known,  took  effect, 
entitled  to  a  certificate  of  exemption  as  therein  pro- 
vided, but  who  failed  or  neglected  to  make  applica- 
tion therefor  and  present  evidence  to  entitle  him 
thereto,  on  or  before  January  first,  nineteen  hundred 
and  nine,  as  provided  by  said  section,  must  make  such 
application  and  present  such  evidence  or  or  before  July 
first,  nineteen  hundred  and  nine,  or  he  shall  be  deemed 
to  have  waived  his  right  to  such  certificate.  If  any 
person  whose  registration  is  not  legal  or  who  is  not 
registered  because  of  some  error,  misunderstanding  or 
unintentional  omission,  shall  submit  to  the  state  board 
of  examiners  in  optometry,  or  to  the  regents  of  the 
university  of  the  state  of  New  York,  satisfactory  proof 
that  he  had  all  the  requirements  prescribed  by  law  at 
the  time  required  for  registration  and  was  entitled  to 
be  legally  registered,  he  may,  on  unanimous  recom- 
mendation of  the  state  board  of  examiners  in  optometry, 
or  by  action  of  the  board  of  regents,  receive  from  the 
regents  under  seal  a  certificate  of  facts  which  may  be 
registered  by  any  county  clerk  and  shall  make  valid  the 
previous  imperfect  registration  and  such  certificate 
shall  include  the  date  on  which  such  person  could  or 
should  have  registered,  and  his  registration  shall  be 
deemed  to  have  been  valid  and  corrected  from  that  date. 
(Am'd  by  L.  1909,  ch.  134,  and  L.  1917,  ch.  176,  in 
effect  April  14,  1917.) 

§  304.  Certificates    to    be    recorded    and    displayed,  certm- 
Every  person  to  whom  a  certificate  of  either  registration  ^[^ded  be 
or  exemption   shall  be  issued  shall  immediately  cause  and  dis- 
the   same   to   be   recorded   in   the   clerk^s   office   in   the 


192  The  Public  Health  Manual 

county,  of  his  residence,  and  also  in  the  clerk's  office 
of  each  other  county  wherein  he  shall  then  practice  or 
thereafter  commence  the  practice  of  optometry  and  no 
registration  in  a  county  clerk's  office  thereafter  shall 
be  necessary.  Every  person  practicing  optometry  shall 
annually  in  the  month  of  June  report  under  oath  to 
the  state  board  of  examiners  any  facts  required  by  the 
board,  shall  pay  to  the  regents  a  registration  fee  of 
two  dollars  and  shall  receive  a  certificate  of  registra- 
tion which  must  be  conspicuously  displayed  together  with 
his  original  certificate  of  registration  or  exemption  in 
a  conspicuous  place  in  the  principal  office  wherein  he 
practices  optometry  and,  whenever  required,  exhibit 
such  certificate  to  said  board  of  examiners  or  its  author- 
ized representatives. 

Before  the  first  day  of  June  of  each  year  the  secretary 
of  the  board  shall  mail  to  every  optometrist  registered 
in  the  state  of  New  York  a  blank  application  for  re- 
registration,  addressing  the  same  in  accordance  with 
the  post  office  address  given  at  the  last  previous  regis- 
tration. Upon  receipt  of  such  application  blank,  which 
shall  contain  space  for  the  insertion  of  his  name,  office 
and  post  office  address,  date  and  number  of  his  license, 
and  such  other  information  as  the  regents  may  deem 
necessary,  he  shall  sign  and  forward  this  statement  and 
application  for  renewal  of  his  registration  certificate 
to  the  secretary  of  the  board  together  with  a  fee  of  two 
dollars.  Upon  receipt  of  such  application  and  fee,  and 
having  verified  the  accuracy  of  the  same  by  compari- 
son with  the  applicant's  initial  registration  statements 
the  secretary  of  the  board  shall  issue  a  certificate  of 
registration  which  shall  render  the  holder  thereof  a 
legal  practitioner  of  optometry  for  the  ensuing  year. 

These  certificates  of  registration  shall  all  bear  date 
of  July  first  of  the  year  of  issue,  and  shall  expire  on 
the  thirtieth  day  of  June  in  the  year  following.  Ap- 
plications for  registration  therefor  must  be  made  dur- 


Optometry  193 

ing  the  month  of  June  of  each  year,  and  if  not  so  made 
an  additional  fee  of  one  dollar  for  each  thirty  days  of 
delay  beyond  the  first  day  of  July  and  up  to  the  first 
day  of  January,  shall  be  added  to  the  regular  fee.  On 
the  first  day  of  October  of  each  year,  or  within  ten  days 
thereafter,  the  secretary  of  the  board  shall  publish  and 
mail  to  every  registered  optometrist  in  the  state  of 
New  York  a  printed  list  of  the  legally  registered  op- 
tometrists within  the  state,  and  each  published  list 
shall  contain  at  the  beginning  thereof  these  words: 
"  Each  registered  optometrist  receiving  this  list  is 
requested  to  report  to  the  secretary  of  the  board  the 
name  and  address  of  any  persons  known  to  be  practicing 
optometry,  whose  names  do  not  appear  in  this  registry. 
The  names  of  persons  giving  such  information  shall 
not  be  divulged."  If  any  optometrist  continues  to  Revoca- 
practice  optometry  without  registration  as  herein  incense 
provided  his  license  may  be  suspended  or  revoked  by 
the  regents,  in  accordance  with  the  provision  of  this 
section.  If  any  practitioner  of  optometry  should  fail 
to  register  in  time  for  the  appearance  of  his  name  in 
the  published  list  of  registered  optometrists,  in  accord- 
ance with  the  provisions  of  this  act  the  regents  shall 
notify  said  delinquent  to  appear  before  them  at  t  an 
appointed  time  and  place,  and  if  his  explanation  of  his 
failure  to  have  registered  shall  be  satisfactory  to  the 
regents,  he  may  be  reinstated  and  his  name  added  to 
the  registry;  and  the  regents  may  also  at  their  option 
remit  the  additional  fees  accruing  because  of  delay  in 
registering.  But  should  the  delinquent's  explanation 
prove  unsatisfactory,  the  regents  may  suspend  the  per- 
son from  the  practice  of  optometry  for  a  limited  season ; 
or  the  regents  may  revoke  the  person's  license. 

An  optometrist  who  has  been  heretofore  duly  licensed 

and  registered  to  practice  in  this   state  whose  license 

shall   not   have   been    revoked    or    suspended,    and   who 

either  before  or  after  re-registration  as  required  by  this 

7 


194  The  Public  Health  Manual 

section  as  hereby  amended,  shall  have  temporarily 
abandoned  the  practice  of  optometry  or  removed  from 
the  state,  may  re-register  within  this  state,  upon  com- 
plying with  the  provisions  of  this  section  for  re-regis- 
tration, and  also  filing  with  the  secretary  of  the  board 
his  affidavit  of  such  facts. 

Whenever  practicing  said  profession  of  optometry 
outside  of,  or  away  from,  said  office  or  place  of  busi- 
ness, he  shall  deliver  to  each  customer  or  person  so 
fitted  with  glasses,  a  bill  of  purchase,  which  shall  con- 
tain his  signature,  home  post  office  address  and  the 
number  of  his  certificate  of  registration  or  exemption, 
together  with  a  specification  of  the  lenses  furnished  and 
the  price  charged  therefor.  (Am'd  by  L.  1917,  ch.  176, 
in  effect  April  14,  1917.) 
Fees  §  305.  Fees.     The  fee  for  such  examination  shall  be 

fifteen  dollars;  for  a  certificate  of  registration,  ten 
dollars;  for  a  certificate  of  exemption,  five  dollars;  for 
annual  registration,  two  dollars ;  for  any  certificate  of 
fact  required  of  a  student  apprentice,  "one  dollar ;  and 
all  fees  and  fines  required  or  imposed  by  the  provisions 
of  such  article  or  rules  shall  be  paid  to  the  board  of 
regents  and  constitute  a  fund  for  expenses  made  neces- 
sary by  this  article.  All  fees,  fines  and  penalties  shall 
be  paid  into  the  state  treasury  and  the  legislature 
shall  annually  appropriate  therefrom  for  the  education 
department  an  amount  sufficient  to  pay  all  proper  ex- 
penses incurred  pursuant  to  this  article.  The  fee  to 
be  paid  to  the  county  clerk  for  recording  an  original 
certificate  shall  be  fifty  cents.  (Am'd  by  L.  1917,  ch. 
176,  in  effect  April  14,  1917.) 
Revoca-  §  306.  Revocation  of  certificate.    The  board  of  regents 

tion  of        shall  have  power  to  revoke  any  certificate  of  registration 
cate  or  exemption  granted  by  it  under  this  article,  the  holder 

of  which  is  guilty  of  any  fraud  or  deceit  in  his  practice, 
has  been  convicted  of  crime,  or  is  an  habitual  drunkard, 
or  grossly  incompetent  to  practice  optometry.     Proceed- 


Optometry  193 

Lass  for  revocation  of  a  certificate  or  the  annulment  of 
registration  shall  be  begun  by  filing  a  written  charge  or 
charges  against  the  accused.  These  charges  may  be  pre- 
ferred by  any  person  or  corporation,  or  the  regents  may 
on  their  own  motion  direct  the  executive  officer  of  the 
board  of  regents  to  prefer  said  charges.  Said  charges 
shall  be  filed  with  the  executive  officer  of  the  board  of 
regents,  and  a  copy  thereof  filed  with  the  secretary  of 
the  board  of  optometry  examiners.  The  board  of  op- 
tometry examiners,  when  charges  are  preferred,  shall 
designate  three  of  their  number  as  a  committee  to  hear 
and  determine  said  charges.  A  time  and  place  for  the 
hearing  of  said  charges  shall  be  fixed  by  said  committee 
as  soon  as  convenient,  and  a  copy  of  the  charges,  to- 
gether with  a  notice  of  the  time  and  place  when  they 
will  be  heard  and  determined,  shall  be  served  upon  the 
accused  or  his  counsel,  at  least  ten  days  before  the  date 
actually  fixed  for  said  hearing.  Where  personal  service 
or  service  upon  counsel  cannot  be  effected,  and  such  fact, 
is  certified  on  oath  by  any  person  duly  authorized  to 
make  legal  service,  the  regents  shall  cause  to  be  pub- 
lished for  at  least  seven  times  for  at  least  twenty  days 
prior  to  the  hearing,  in  two  daily  papers  in  the  county 
in  which  the  optometrist  was  last  known  to  practice,  a 
notice  to  the  effect  that  at  a  definite  time  and  place  a 
hearing  will  be  had  for  the  purpose  of  hearing  charges 
against  the  optometrist  upon  an  application  to  revoke 
his  certificate.  At  said  hearing  the  accused  shall  have 
the  right  to  cross-examine  the  witnesses  against  him 
and  to  produce  witnesses  in  his  defense,  and  to  appear 
personally  or  by  counsel.  The  said  committee  shall 
make  a  written  report  of  its  findings  and  recommenda- 
tions, to  be  signed  by  all  its  members,  and  the  same 
shall  be  forthwith  transmitted  to  the  executive  office 
of  the  board  of  regents.  If  the  said  committee  shall 
smanimously  find  that  said  charges,  or  any  of  them,  are 
sustained,  and  shall  unanimously  recommend  that  the 


196  The  Public  Health  Manual 

certificate  of  the  accused  be  revoked  or  his  registration 
be  annulled,  the  regents  may  thereupon,  in  their  discre^ 
tion,  revoke  said  certificate  or  annul  said  registration, 
or  do  both.  If  the  regents  shall  annul  such  registration, 
they  shall  forthwith  transmit  to  the  clerk  of  the  county 
or  counties  in  which  said  accused  is  registered  as  an 
optometrist,  a  certificate  under  their  seal  certifying  that 
such  registration  has  been  annulled,  and  said  clerk  shall, 
upon  receipt  of  said  certificate,  'file  the  same  and  forth- 
with mark  said  registration  "  annulled."  Any  person 
who  shall  practice  optometry  after  his  registration  has 
been  marked  "  annulled  "  shall  be  deemed  to  have  prac- 
ticed optometry  without  registration.  Where  the  cer- 
tificate of  any  person  has  been  revoked,  or  his  registra- 
tion has  been  annulled  as  herein  provided,  the  regents 
may,  after  the  expiration  of  one  year,  entertain  an 
application  for  a  new  certificate,  in  like  manner  as 
original  applications  for  certificates  are  entertained;  and 
upon  such  new  application  they  may  in  their  discretion 
exempt  the  applicant  from  the  necessity  of  undergoing 
any  examination. 
vioia-  §  307.  Violations  of  article.     No  person  not  a  holder 

of  a  certificate  of  registration  or  exemption  duly  issued 
to  him  and  recorded  as  above  provided  shall  after  Janu- 
ary first,  nineteen  hundred  and  nine,  practice  optometry 
within  this  state.  No  person  shall  falsely  personate  a 
registered  optometrist  of  a  like  or  different  name,  nor 
buy,  sell  or  fraudulently  obtain  a  certificate  of  registra- 
tion or  exemption  issued  to  another.  Practicing  or 
offering  to  practice  optometry,  or  the  public  representa- 
tion of  being  qualified  to  practice  the  same  by  any  per- 
son not  authorized  to  practice  optometry,  shall  be  suffi- 
cient evidence  of  a  violation  of  this  article.  And  the 
holder  of  a  certificate  of  registration  of  exemption  prac- 
ticing optometry  and  having  one  or  more  places  of  busi- 
ness shall  be  equally  liable  for  violations  of  this  article 
by  any  apprentices  or  unlicensed  employees.    No  person 


tions 


Optometry  197 

practicing  or  offering  to  practice  optometry  shall  pub- 
licly represent  himself  to  be  a  doctor,  or  shall  assume 
the  title  of  doctor  or  use  such  title  or  any  abbreviation 
thereof  in  his  practice,  unless  the  right  to  use  the  same 
has  been  conferred  upon  him  by  some  duly  authorized 
college  or  university,  prior  to  the  taking  effect  of  this 
act.  Any  violation  of  a  provision  of  this  article  shall 
be  a  misdemeanor  and  courts  of  special  sessions  shall 
have  jurisdiction  of  all  such  violations,  and  any  person 
violating  any  of  the  provisions  of  this  article  or  any 
rule  of  the  regents  of  the  university  relating  to  the 
practice  of  optometry  and  not  inconsistent  with  the 
law  shall  be  guilty  of  a  misdemeanor  and  shall  on  con- 
viction thereof  be  punished  by  o  fine  of  fifty  dollars  or 
by  imprisonment  for  six  months  or  both,  or  shall  for- 
feit to  the  people  of  the  state  of  New  York  the  sum  of 
fifty  dollars,  for  each  such  offense.  All  prosecutions 
under  this  act  shall  be  made  by  the  attorney-general  in 
the  name  of  the  people  of  the  state  and  all  fines  and 
penalties  may  be  paid  to  the  board  and  such  penalties 
may  be  sued  for  and  recovered  in  the  name  of  the 
people  of  the  state  in  an  action  brought  therefor  by 
the  attorney-general.  All  violations  of  this  act  when 
reported  to  the  regents  and  duly  substantiated  by 
affidavits  or  other  satisfactory  evidence  shall  be  investi- 
gated and  if  the  report  is  found  to  be  true  and  the 
evidence  substantiated  the  regents  shall  report  such 
violations-  to  the  attorney-general  and  request  prompt 
prosecution.  The  regents  may  appoint  such  inspectors 
as  are  necessary  to  be  paid  from  the  funds  received 
under  this  act  at  such  salaries  as  they  may  determine 
for  the  purpose  of  the  investigation  of  such  violations. 
(Am'd  by  L.  1913,  ch.  498,  and  L.  1917,  eh.  176,  in 
effect  April  14,  1917.) 

§  308.  Construction  of  article.  Nothing  in  this  article 
shall  be  construed  to  apply  to  duly  licensed  physicians 
authorized  to  practice  medicine  under  the  laws  of  the 


198  The  Public  Health  Manual 

state  of  New  York  nor  to  persons  who  neither  practice 
nor  profess  to  practice  optometry,  who  sell  spectacles, 
eyeglasses  or  lenses  either  on  prescription  from  such 
physicians  or  from  such  duly  qualified  optometrists,  or 
as  merchandise  from  permanently  located  and  established 
places  of  business. 

ARTICLE  XVI 

Preservation  of  life  and  health 

Section  310.  Vaccination  of  school  children. 

311.  Vaccination,  how  made;  reports. 

312.  Regulating  the  sanitary  condition  of  bath- 

ing establishments  and  the  preservation 
of  life  at  bathing  places. 

313.  Examination    and    quarantine    of    children 

admitted  to  institutions  for  orphan,  desti- 
tute or  vagrant  children  or  juvenile  delin- 
quents. 

314.  Monthly     examination     of     inmates     and 

reports. 

315.  Beds;  ventilation. 

316.  Cadavers. 

317.  Cadavers  in  certain  counties. 

318.  Prescription    of    opium,    morphine,    cocaine 

and  chloral    ( repealed ) . 

319.  Consents  requisite  to  the  establishment  of 

hospitals  or  camps  for  the  treatment  of 
pulmonary  tuberculosis. 

320.  Reports  of  tuberculosis  by  physicians  and 

others. 

321.  Examination  of  sputum. 

322.  Protection  of  records. 

323.  Disinfection  of  premises. 

324.  Health  officer  to  direct  disinfection,  cleans- 

ing or  renovation. 

325.  Prohibiting  occupancy  until  order  of  health 

officer  is  complied  with. 


Preservation  of  Life  axd  Health  199 

Section  326.  Prohibiting  carelessness  of  a  person  having 
tuberculosis. 
326a.  Control  of  dangerous  and  careless  patients. 

327.  Protection  of  patient's  family. 

328.  Providing    that    physicians    shall    make    a 

complete  statement  of  procedure  and  pre- 
cautions on  a  blank  to  be  furnished  by 
the  health  officer. 

329.  Penalty  for  failure  of  physician  to  perform 

duties  or  for  making  false  reports. 

330.  Eeporting  recovery  of  patient. 

331.  General  penalty. 

332.  Application  of  provisions. 

333.  Like  privileges  in  hospitals  to  be  granted  to 

matriculated  students  cf  medical  colleges. 

334.  Iron  stairways  on  outside  of  hospital  build- 

ings. 

§  310.  Vaccination  of  school  children*    1.  A  child  or  vaccma- 
person  not  vaccinated  shall  not  be  admitted  or  received  sch00l 
into  a  school  in  a  city  of  the  first  or  second  class.     The  children 
board,  officers  or  other  person  having  charge,  manage-  First    and 
ment   or   control   of   such   school   shall   cause  this  pro-  li^ss^ cities 
vision  of  law  to  be  enforced.     The  board  of  health  or 
other  board,  commission  or  officers  of  such  city  having 
jurisdiction  of  the  enforcement  of  this  chapter  therein 
shall  provide,  at  the  expense  of  the  city  for  the  vaccina- 
tion   of    all    pupils    of    such    school    whose    parents    or 
guardian  do  not  provide  vaccination  for  them. 

2.  Whenever    smallpox    exists   in   any   other   city    or 
school  district,  or  in  the  vicinity  thereof,  and  the  state 
commissioner  of  health  shall  certify  in  writing  to  the  certifica- 
school  authorities  in  charge  of  any  school  or  schools  in  commis- 
such  city  or  district,  it  shall  become  the  duty  of  such  sioner  of 

health 

school  authorities  to  exclude   from  such   schools  every 


*  See  §  25,  p.  39,  and  Sanitary  Code,  Chap.  II,  Reg.  31,  p.  319 


200 


The  Public  Health  Manual 


Expense 


child  or  person  who  does  not  furnish  a  certificate  from 
a  duly  licensed  physician  to  the  effect  that  he  has 
successfully  vaccinated  such  child  or  person  with 
vaccine  virus  in  the  usual  manner  or  that  such  child 
or  person  shows  evidence  by  scar  of  a  successful  pre- 
vious vaccination.  Whenever  school  authorities  having 
the  charge,  management  and  control  of  schools  in  a 
district  or  city  cause  this  provision  of  law  to  be 
enforced,  the  local  board  of  health  shall  provide  for  the 
vaccination  of  all  children  whose  parents  or  guardian 
do  not  provide  such  vaccination. 

3.  The  expense  incurred,  when  such  vaccination  is 
performed  under  the  direction  of  the  local  health 
authorities,  shall  be  a  charge  upon  the  municipality 
in  which  the  child  or  person  vaccinated  resided,  and 
shall  be  audited  and  paid  in  the  same  manner  as  other 
expenses  incurred  by  such  municipality  are  audited 
and  paid.  The  local  boards  of  health  or  other  health 
authorities  may,  in  their  discretion,  provide  for  the  pay- 
ment of  additional  compensation  to  health  officers  per- 
forming such  viccination.*  (Am'd  by  L.  1915,  ch.  133, 
in  effect  March  30,  1915.) 

§  311.  Vaccination  how  made;  reports.  1.  No  per- 
tion,    how     son    shall   perform    vaccination    for    the    prevention    of 

made  i 

smallpox  who  is  not  a  regularly  licensed  physician 
under  the  laws  of  the  state.  Vaccination  shall  be 
preformed*  in  such  manner  only  as  shall  be  prescribed 
by  the  state  commissioner  of  health.f 

2.  No  physician  shall  use  vaccine  virus  for  the  pre- 
vention of  smallpox  unless  such  vaccine  virus  is  pro- 
duced under  license  issued  by  the  secretary  of  the 
treasury  of  the  United  States  and  is  accompanied  by 
a  certificate  of  approval  by  the  state  commissioner  of 


Vaccina- 


Only    ap- 
proved 
virus  to 
be    used 


*  So  in  original 

t  Circular  No.   12,   1918  edition,  "Vaccination  and  the  new  Vac- 
cination Law  " 


Preservation  of  Life  axd  Health  201 

health,  and  such  vaccine  virus  shall  then  be  used  only 
within  the  period  of  time  specified  in  such  approval. 

3.  Every    physician    performing    a    vaccination    shall  Report  of 
within  ten  days  make  a  report  to  the  state  commis-  [;aocncsinat'0 
sioner  of  health  upon  a  form  furnished  by  such  com-  state  com- 

missioner 

missioner  setting  forth  the  full  name  and  age  of  the  of  health 
person  vaccinated  and,  if  such  person  is  a  minor  the 
name  and  address  of  his  parents,  the  date  of  vaccina- 
tion, the  date  of  previous  voccination*  if  possible,  the 
name  of  the  maker  of  the  vaccine  virus  and  the  lot 
or  batch  number  of  such  vaccine  virus.  (Am'd  by  L. 
1915,  ch.  133,  in  effect  March  30,  1915.) 

§   312.  Regulating  the  sanitary  condition  of  bathing  Bathing 
establishments  and  the  preservation  of  life  at  bathing  estabiish- 

ments 

places.  It  shall  be  unlawful  for  any  person  to  main- 
tain, either  as  owner  or  lessee,  any  bathing  establish- 
ment of  any  kind,  in  this  state,  for  the  accommodation 
of  persons,  for  pay,  or  any  consideration,  at  a  point 
less  than  five  hundred  feet  from  any  sewer  connection 
emptying  therein,  or  thereat,  so  as  to  pollute  in  any 
way,  the  waters  used  by  those  using  or  hiring  bathing 
houses  at  such  bathing  establishments;  it  shall  be  the 
duty  of  such  owner  or  lessee  to  provide  separate  toilet 
rooms,  with  water-closets  properly  provided  with  sani- 
tary plumbing,  constructed  in  a  manner  approved  by 
the  local  board  of  health  and  in  such  a  way  as  not  to 
contaminate  the  waters  'used  by  the  bathers;  it  shall 
also  be  the  duty  of  such  owner  or  lessee  to  thoroughly 
wash  and  disinfect,  or  cause  to  be  thoroughly  washed 
and  disinfected,  in  a  manner  approved  by  the  local 
board  of  health,  all  bathing  suits  that  have  been  hired 
or  used,  before  re-hiring  or  permitting  the  use  of  the 
same  again;  it  shall  be  the  duty  of  every  person  main- 
taining, as  owner  or  lessee,  any  bathing  establishment 
of  any  kind  along  the  seashore  of  this  state  for  the 
accommodation  of  persons  for  pay,  to  provide,  for  the 
safety  of  such  bathers,  two  lines  of  sound,  serviceable 


202  The  Public  Health  Manual 

and  strong  manilla  or  hemp  rope,  not  less  than  one 
inch  in  diameter  anchored  at  some  point  above  high 
water,  at  the  same  distance  apart  as  the  line3  of 
bathing  houses,  or  space  fronting  on  such  beach  occu- 
pied by  him  or  them,  is  in  width;  and  from  two  points 
at  which  such  life  lines  are  so  anchored,  such  lines  shall 
be  made  to  extend  as  far  into  the  surf  as  bathing  is 
ordinarily  safe  and  free  from  danger  of  drowning  to 
persons  not  expert  in  swimming,  and  at  such  points  of 
safety,  such  lines  shall  be  anchored  and  buoyed.  From 
the  two  points  of  such  lines  so  extended,  anchored 
and  buoyed,  a  third  rope  shall  be  extended,  of  a  similar 
size  connecting  the  two  extremities  and  buoyed  at 
such  points  as  to  be  principally  above  the  surface  of 
the  water,  thereby  enclosing  a  space  within  such  lines 
and  the  beach  within  which  bathing  is  believed  to  be 
safe;  and  in  addition  thereto  there  shall  be  sufficient 
ropes  of  a  similar  size  as  herein  described,  anchored 
from  a  point  at  high  water  mark  and  buoyed  or 
anchored  on  a  parallel  line  or  within  the  outer  cross 
rope,  so  as  to  have  not  more  than  a  space  of  seventy- 
five  feet  from  one  rope  to  another;  every  such  person 
or  persons  maintaining  such  bathing  establishments 
shall  cause  to  be  painted  and  put  up  in  some  promi- 
nent place  upon  the  beach  near  such  bathing  houses 
the  following  words:  "Bathing  beyond  the  lines  dan- 
gerous." Such  lines  so  placedj  anchored  and  buoyed, 
and  such  notice  so  put  up  shall  continue  and  so  be 
maintained  by  every  such  person  or  persons,  during 
the  entire  season  of  surf  bathing.  Every  such  person 
or  persons  maintaining  any  such  bathing  establishment 
shall  also  keep  and  provide  in  connection  therewith,  for 
the  facilitating  of  the  rescue  of  persons  in  danger  of 
drowning,  a  surf  boat,  not  less  than  sixteen  feet  long, 
on  each  side  of  which  there  shall  be  hanging  ropes 
arranged  so  that  persons  in  the  water  can  easily  catch 
hold  of  same,  or  be  supported  thereby,  and  such  boats 


Preservation  of  Life  axd  Health  203 

shall  be  equipped  with  two  or  more  sets  of  oars  and 
life-lines  and  life-belts,  and  at  least  one  ring  buoy  or 
life  preserver,  with  quarter-inch  cotton  line,  not  less 
than  five  hundred  feet  in  length  with  suitable  reel 
attached  thereto,  and  in  addition  thereto,  there  shall  be 
anchored  on  the  shore  a  suitable  reel  with  a  half-inch 
cotton  line  not  less  than  five  hundred  feet  in  length, 
with  a  life-belt  attached  thereto,  kept  in  good  order 
and  in  proper  condition,  so  that  it  can  readily  be  used 
by  those  assisting  in  saving  life.  At  all  such  bathing 
establishments  where  there  are  equipments  for  two  Life  boats 
hundred  bathers  or  more,  said  surf  or  life-boat  shall  guaras 
be  stationed  in  the  water,  opposite  the  lines,  manned 
and  in  readiness  for  use,  during  bathing  hours;  there 
shall  also  be  at  every  public  bathing  establishment  a 
bathing  master  or  life-guard,  who  shall  be  an  expert 
swimmer,  and  who  shall  be  in  constant  and  watchful 
attendance  during  bathing  hours.  Any  person  or  per- 
sons violating  any  of  the  provisions  of  this  section 
shall  forfeit  and  pay  a  penalty  of  not  less  than  fifty 
dollars,  nor  more  than  two  hundred  dollars  to  be  re- 
covered by  the  sheriff  of  the  county  in  which  such 
violation  is  committed,  except  in  the  city  of  New  York, 
when  the  penalty  shall  be  sued  for  in  the  name  of  the 
department  of  health  of  the  city  of  New  York  and  col- 
lected by  it.  It  shall  be  the  duty  of  the  sheriffs  and 
constables  of  the  several  counties  of  this  state  abutting 
upon  the  seashore,  to  see  that  in  their  respective 
counties  the  provisions  of  this  section  are  enforced, 
and  to  bring  suit  for  the  recovery  of  the  penalty  therein 
provided,  unless  some  other  person  had  already  brought 
suit  for  the  same.  A  separate  penalty  may  be  recovered 
for  each  day  that  any  person  subject  to  the  provisions 
of  this  section  may  violate  any  of  the  provisions  of 
the  same;  but  no  penalty  shall  be  recovered  for  any 
other  violation  thereof  than  shall  have  occurred  during 
the  days  when  the  owner  or  lessee  or  other  person  or 


204 


The  Public  Health  Manual 


Institu- 
tions  for 
orphans, 
etc.,     ex- 
amination 
and    quar- 
antine  of 
children 
admitted 


persons  maintaining  the  said  bathing  establishments, 
shall  have  kept  the  same  open  for  the  use  of  the  public, 
or  for  such  persons  as  may  be  the  guests  of  any  hotel 
that  such  bathing  establishments  may  be  connected 
with.  The  owner  of  the  bathing  house  shall  not  be 
subject  to  the  provisions  of  this  section  when  it  is 
used,  occupied  or  maintained  by  a  lessee  for  hire,  but 
such  lessee  shall  be  deemed  the  keeper  or  proprietor 
or  person  or  persons  maintaining  such  bathing  establish- 
ment thereof.  Nothing  in  this  section  shall  be  con- 
strued in  any  way  to  affect  any  bathing  establishments 
in  any  city  or  municipality,  at  which  there  is  main- 
tained at  public  expense  a  life  saving  guard. 

§  313.  Examination  and  quarantine  of  children  ad- 
mitted to  institutions  for  orphan,  destitute  or  vagrant 
children  or  juvenile  delinquents.  Every  institution  in 
this  state,  incorporated  for  the  express  purpose  of  re- 
ceiving or  caring  for  orphan,  vagrant  or  destitute  chil- 
dren or  juvenile  delinquents,  except  hospitals,  shall  have 
attached  thereto  a  regular  physician  of  its  selection 
duly  licensed  under  the  laws  of  the  state  and  in  good 
professional  standing,  whose  name  and  address  shall  be 
kept  posted  conspicuously  within  such  institution  near 
its  main  entrance.  The  words  "  juvenile  delinquents " 
here  used  shall  include  all  children  whose  commitment 
to  an  institution  is  authorized  by  the  penal  law.  The 
officer  of  every  such  institution  upon  receiving  a  child 
therein,,  by  commitment  or  otherwise,  shall,  before  ad- 
mitting it  to  contact  with  the  other  inmates,  cause  it 
to  be  examined  by  such  physician,  and  a  written  cer- 
tificate to  be  given  by  him,  stating  whether  the  child 
has  diphtheria,  scarlet  fever,  measles,  whooping  cough 
or  any  other  contagious  or  infectious  disease,  especially 
of  the  eyes  and  skin,  which  might  be  communicated  to 
other  inmates  and  specifying  the  physical  and  mental 
condition  of  the  child,  the  presence  of  any  indication 
of  hereditary  or  other  constitutional  disease,  and  any 


Institutions  for  Children  205 

deformity  or  abnormal  condition  found  upon  the  ex- 
amination to  exist.  No  child  shall  be  so  admitted  until 
such  certificate  shall  have  been  furnished,  which  shall 
be  filed  with  the  commitment  or  other  papers  on  record 
in  the  case,  by  the  officers  of  the  institution,  who  shall, 
on  receiving  such  child,  place  it  in  strict  quarantine 
thereafter  from  the  other  inmates,  until  discharged  from 
such  quarantine  by  such  physician  who  shall  thereupon 
indorse  upon  the  certificate  the  length  of  quarantine 
and  the  date  of  discharge  therefrom. 

§  314.  Monthly  examination  of  inmates  and  reports,  institu- 
Such  physician  shall  at  least  once  a  month  thoroughly  monthly 
examine  and  inspect  the  entire  institution,  and  report  ™min!" 

r  '  r  tion     of 

in  writing,   in  such  form  as  may  be  approved  by  the  inmates 
state   board    of    health,   to   the   board    of   managers   or  rep0rts 
directors  of  the  institution,  and  to  the  local  board  of 
the  district  or  place  where  the  institution  is  situated,  Monthly 
its  condition,  especially  as  to  its  plumbing,  sinks,  water-  1^f^t^' 
closets,  urinals,  privies,   dormitories,  the  physical  con-  tions   and 
dition  of  the  children,  the  existence  of  any  contagious 
or  infectious  disease,  particularly  of  the  eyes  or  skin, 
their   food,   clothing   and   cleanliness,   and  whether   the 
officers  of  the  institution  have  provided  proper  and  suffi- 
cient nurses,  orderlies,  and  other  attendants  of  proper 
capacity  to  attend  to  such  children,  to  secure  to  them 
due  and  proper  care  and  attention  as  to  their  personal 
cleanliness  and  health,  with  such  recommendations  for  Action 
the  improvement  thereof  as  he  may  deem  proper.     Such  £0^°^ 
boards  of  health  shall  immediately  investigate  any  com-  health 
plaint  against  the  management  of  the  institution  or  of 
the  existence  of  anything  therein  dangerous  to  life  or 
health,  and,  if  proven  to  be  well  founded,  shall  cause 
the  evil  to  be  remedied  without  delay. 

§  315.  Beds;   ventilation.     The  beds  in  every  dormi-  Dormi- 
tory in  such  institution  shall  be  separated  by  a  passage-  *°^es' 
way  of  not  less  than  two  feet  in  width,  and  so  arranged  tiiation 
that  under  each  the  air  shall  freely  circulate  and  there 


206  The  Public  Health  Manual 

shall   be    adequate   ventilation   of    each   bed,    and    such 
dormitory  shall  be  furnished  with  such  means  of  venti- 
lation as  the  local  board  of  health  shall  prescribe.     In 
every  dormitory  six  hundred  cubic  feet  of  air  apace  shall 
be  provided  and  allowed  for  each  bed  or  occupant,  and 
no  more  beds  or  occupants  shall  be  permitted  than  are 
thus  provided  for,  unless  free   and  adequate  means   of 
permit  by    ventilation  exist  approved  by  the  local  board  of  health, 
bold   of       and  a  special  permit  in  writing  therefor  be  granted  by 
health  such  board,  specifying  the  number  of  beds  or  cubic  air 

space  which  shall,  under  special  circumstances,  be  al- 
lowed, which  permit  shall  be  kept  conspicuously  posted 
in  such  dormitory.  The  physician  of  the  institution 
shall  immediately  notify  in  writing  the  local  board  of 
health  and  the  board  of  managers  or  directors  of  the 
Institution  of  any  violation  of  any  provision  of  this 
.  section. 
Cadavers  §  316.  Cadavers.     The  persons  having  lawful  control 

and  management  of  any  hospital,  prison,  asylum, 
morgue  or  other  receptacle  for  corpses  not  interred,  and 
every  undertaker  or  other  person  having  in  his  lawful 
possession  any  such  corpse  for  keeping  or  burial  may 
deliver  and  he  is  required  to  deliver,  under  the  con- 
ditions specified  in  this  section,  every  such  corpse  in 
their  or  his  possession,  charge,  custody  or  control,  not 
placed  therein  by  relatives  or  friends  in  the  usual 
manner  for  keeping  or  burial,  to  the  medical  colleges 
and  universities  of  the  state  authorized  by  law  to 
confer  the  degree  of  doctor  of  medicine  and  to  all  other 
colleges  or  schools  incorporated  under  the  laws  of  the 
state  for  the  purpose  of  teaching  medicine,  anatomy 
or  surgery  to  those  on  whom  the  degree  of  doctor  of 
medicine  has  been  conferred,  and  to  any  university  of 
the  state  having  a  medical  preparatory  or  medical 
post-graduate  course  of  instruction.  No  corpse  shall 
be  so  delivered  or  received  if  desired  for  interment  by 
relatives    or    friends    within    forty-eight    hours    after 


Institutions  for  Children  207 

death,  or  if  known  to  have  relatives  or  friends  without 
the  assent  of  such  relatives  or  friends;  or  of  a  person 
who  shall  have  expressed  a  desire  in  his  last  illness 
that  his  body  be  interred,  but  the  same  shall  be  buried 
in  the  usual  manner.  If  the  remains  of  any  person  so 
delivered  or  received  shall  be  subsequently  claimed  by 
any  relative  or  friend,  they  shall  be  given  up  to  such 
relative  or  friend  for  interment.  Any  person  claiming 
any  corpse  or  remains  for  interment  as  provided  in 
this  section,  may  be  required  by  the  persons,  college, 
school  or  university  or  officer  or  agent  thereof,  in  whose 
possession,  charge  or  custody  the  same  may  be,  to 
present  an  affidavit  stating  that  he  is  such  relative  or 
friend,  and  the  facts  and  circumstances  upon  which 
the  claim  that  he  is  such  relative  or  friend  is  based, 
the  expense  of  which  affidavit  shall  be  paid  by  the  per- 
sons requiring  it.  If  such  person  shall  refuse  to  make 
such  affidavit,  such  corpse  or  remains  shall  not  be 
delivered  to  him  but  he  shall  forfeit  his  claim  and 
right  to  the  same.  Any  such  medical  college,  school  or 
university  desiring  to  avail  itself  of  the  provisions  of 
this  section  shall  notify  such  persons  having  the  control 
and  management  of  the  institutions  and  places  hereto- 
fore specified,  and  such  undertakers  and  other  persons 
having  any  such  corpse  in  their  possession,  custody  or 
control  in  the  county  where  such  college,  school  or 
university  is  situated,  and  in  any  other  county  in  the 
state  in  which  no  medical  college,  school  or  university 
is  situated,  or  in  which  no  such  medical  college,  school 
or  university  desires  to  avail  itself  of  the  provisions 
of  this  section,  of  such  desire,  and  thereafter  all  such 
persons  shall  notify  the  proper  officers  of  such  college, 
school  or  university  whenever  there  is  any  corpse  in 
their  possession,  custody  or  control,  which  may  be 
delivered  to  a  medical  college,  school  or  university 
under  this  section,  and  shall  deliver  the  same  to  such 
coHege,  school  or  university.     If  two  or  more  medical 


208  The  Public  Health  Manual 

colleges,  schools  or  universities  are  entitled  to  receive 
corpses  under  the  provisions  of  this  act  and  shall  have 
given  notice  as  aforesaid,  they  shall  receive  the  same 
in  proportion  to  the  number  of  matriculated  students 
in  each  college,  school  or  university  who  are  pursuing 
courses  of  anatomy  and  surgery  at  the  time  of  making 
the  apportionment.  The  professors  and  teachers  in 
every  college,  school  or  university  receiving  any  corpse 
under  this  section  shall  dispose  of  the  remains  thereof, 
after  they  have  served  the  purposes  of  medical  science 
and  study,  in  accordance  with  the  regulations  of  the 
local  board  of  health  where  the  college,  school  or  uni- 
versity is  situated.  Every  person  neglecting  to  comply 
with  or  violating  any  provision  of  this  section,  shall 
forfeit  to  the  local  board  of  health  where  such  non- 
compliance or  violation  occurred,  the  sum  of  twenty- 
five  dollars  for  every  such  non-compliance  or  violation, 
to  be  sued  for  by  the  health  officer  of  such  place,  and 
when  recovered  to  be  paid  over,  less  the  costs  and 
expenses  of  the  action,  to  such  board  for  its  use  and 
benefit.  (Am'd  by  L.  1913,  ch.  335,  in  effect  April  19, 
1913.) 
cadavers  §  317.  Cadavers  in  certain  counties.     The  governors, 

counties"11  ^eePers^  wardens,  managers,  or  persons  having  lawful 
control  and  management  of  any  hospital,  prison,  alms- 
house, asylum,  morgue  or  other  receptacle  for  corpses 
not  interred,  in  the  counties  of  Onondaga,  Oswego,  Madi- 
son and  Cortland,  and  the  warden  of  the  Auburn  state 
prison,  in  the  county  of  Cayuga,  and  every  undertaker 
cr  other  person  in  the  counties  of  Onondaga,  Oswego, 
Madison  and  Cortland,  having  in  his  lawful  possession 
any  such  corpses  for  keeping  or  burial,  may  deliver,  and 
they  are  hereby  required  to  deliver,  under  the  conditions 
specified  in  this  section,  every  such  corpse  in  their  or 
his  possession,  charge,  custody  or  control,  not  placed 
therein  by  relatives  or  friends  in  the  usual  manner  for 
keeping  or  burial,  to  the  medical  colleges  or  schools  in 


Cadavers  209 

said  counties  of  Onondaga,  Oswego,  Madison  and  Cort- 
land, authorized  by  law  to  confer  either  the  degree  of 
doctor  of  medicine,  or  the  degree  of  doctor  of  dental 
surgery  and  to  all  other  colleges  or  schools  incorporated 
under  the  laws  of  the  state  in  said  counties  for  the 
purpose  of  teaching  medicine,  anatomy  or  surgery,  and 
to  any  university  in  either  of  said  counties  having  a 
medical  preparatory  course  of  instruction,  and  the  pro- 
fessors and  teachers  in  every  such  college,  school  or  uni- 
versity may  receive  such  corpses  and  use  the  same  for 
the  purposes  of  medical,  anatomical  or  surgical  science 
and  study.  No  such  corpse  shall  be  so  delivered  if 
within  forty-eight  hours  after  death,  it  is  desired  for 
interment  by  relatives,  or  by  friends,  who  will  bear  the 
expenses  of  its  interment;  nor  shall  a  corpse  be  'so  de- 
livered or  received  of  any  person  known  to  have  rela- 
tives, whose  places  of  residences  are  also  known,  without 
the  assent  of  such  relatives;  and  such  relatives  shall  be 
deemed  to  have  assented  thereto,  unless  they  shall  claim 
such  corpse  for  the  interment  within  twenty-four  hours 
after  being  notified  of  the  death  of  such  person.  If  the 
remains  of  any  person  so  delivered  or  received  shall  be 
subsequently  claimed  for  interment  by  any  relative  or 
by  any  friend  who  will  bear  the  expense  of  such  inter- 
ment, they  shall  be  given  up  to  such  relative  or  friend 
for  interment.  Any  person  claiming  any  corpse  or  re- 
mains for  interment,  as  provided  in  this  section,  may  be 
required  by  the  persons,  college,  school,  university  or 
officer  or  agent  thereof,  in  whose  possession,  charge  or 
custody  the  same  may  be,  to  present  an  affidavit  stating 
that  he  is  such  relative  or  friend,  and  the  facts  and  cir- 
cumstances upon  which  the  claim  that  he  is  such  relative 
or  friend  is  based,  and,  if  a  friend,  that  he  will  bear 
the  expense  of  such  interment,  the  expense  of  which 
affidavit  shall  be  paid  by  the  person  requiring  it.  If 
such  person  shall  refuse  to  make  such  affidavit,  such 
corpse  or  remains  shall  not  be  delivered  to  him,  but  he 


210  The  Public  Health  Manual 

shall  forfeit  his  claim  and  right  to  the  same.  Any  such 
college,  school  or  university  in  either  of  said  counties 
desiring  to  avail  itself  of  the  provisions  of  this  section 
shall  notify  said  governors,  keepers,  wardens,  managers, 
undertakers  and  other  persons  hereinbefore  specified  in 
the  county  where  said  college,  school  or  university  is 
situated,  or  in  any  of  said  adjoining  counties,  in  which 
no  such  college,  school  or  university  is  situated,  of  such 
desire,  and*  thereafter  it  shall  be  obligatory  upon  such 
governors,  keepers,  wardens,  managers,  undertakers  and 
other  persons  hereinbefore  specified,  to  immediately 
notify  the  proper  officer  or  officers  of  said  college,  school 
or  university,  whenever  there  is  any  corpse  in  their  pos- 
session, charge,  custody  or  control,  which  may  be  deliv- 
ered to  a  medical  college,  school  or  university  under  this 
section,  and  to  deliver  the  same  to  such  college,  school 
or  university.  It  shall  be  the  duty  of  such  governors, 
keepers,  wardens,  managers  and  persons  having  lawful 
control  and  management  of  the  institutions  hereinbefore 
mentioned,  after  being  duly  notified  by  any  college, 
school  or  university  of  its  desire  to  avail  itself  of  the  pro- 
visions of  this  section,  to  keep,  if  requested  so  to  do  by 
such  college,  school  or  university,  and  if  provided  by 
such  medical  college,  school  or  university  with  a  suitable 
bookjfor  that  purpose,  a  true  and  correct  record  of  any 
and  all  corpses  thereafter  coming  into  their  possession, 
charge,  custody  or  control,  and  of  the  disposition  made 
of  the  same,  giving  the  name  of  such  corpses,  if  known; 
the  dates  of  death  and  burial,  if  known;  the  names  and 
places  of  residence,  if  known,  of  the  relatives  of  such 
corpses;  the  names*of  the  persons  by  whom  such  corpses 
are  claimed  for  interment  and  the  names  of  the  colleges, 
schools,  universities  or  persons,  to  whom  the  same  are 
delivered,  and  the  dates  of  such  deliveries;  which  said 
books  shall  be  open  to  the  inspection  of  the  officers  and 
agents  of  such  college,  school  or  university  furnishing 
the  same  and  to  the  officers  and  agents  of  any  other 


TUBEECULOSIS    LAW 

medical  college,  school  or  university  entitled  to  receive 
corpses  from  the  same  county.  If  two  or  more  colleges, 
schools  or  universities  located  in  any  one  of  said  coun- 
ties are  entitled  to  receive  corpses  from  the  same  or 
from  said  adjoining  counties,  they  shall  receive  the  same 
in  proportion  to  the  number  of  matriculated  students  in 
each  college.  The  professors  and  teachers  in  every  col- 
lege, school  or  university  receiving  any  corpse  under 
this  section,  shall  dispose  of  the  remains  thereof,  after 
they  have  served  the  purposes  of  medical,  anatomical  or 
surgical  science  and  study,  in  accordance  with  the  regu- 
lations of  the  local  board  of  health  where  the  college, 
school  or  university  is  situated.  Any  person  neglecting 
to  comply  with  or  violating  any  provision  of  this  section, 
ehall  forfeit  and  pay  a  penalty  of  twenty-five  dollars  for 
each  and  every  such  non-compliance  or  violation  thereof, 
and  it  shall  be  the  duty  of  the  health  officer,  or  person 
performing  his  duties,  in  the  places  where  said  medical 
colleges,  schools  or  universities  are  situated,  whenever 
he  shall  have  knowledge  or  information  of  any  non-com- 
pliance with,  or  violation  of,  any  provision,  or  provi- 
sions, of  this  section,  to  sue  for  and  recover,  in  his  name 
of  office,  the  aforesaid  penalty,  and  to  pay  over  the 
amount  so  recovered,  less  the  cost  and  expenses  of  the 
action,  to  the  health  board  of  said  locality,  for  its  use 
and  benefit. 

§  318.  Prescriptions  of  opium,  morphine,  cocaine  and 
chloral.  (Repealed  by  L.  1910,  ch.  422.  See  herein 
article  XXII  of  the  Public  Health  Law.) 

§  318-a.  Sale  of  hypodermic  syringes  and  needles. 
(Repealed  by  implication.  See  herein  article  XXII, 
§  433  of  the  Public  Health  Law.) 

§    319.    Consents    requisite    to   the   establishment    of  Estab- 
hospitals   or   camps   for   the   treatment    of   pulmonary 
tuberculosis.     A  hospital,  camp  or  other  establishment  camps, 
for  the  treatment  of  patients  suffering  from  the  disease  tube'rcu- 
known  as  pulmonary  tuberculosis,  shall  not  be  estab-  *°^  in 


lishment 
hospitals, 


212 


The  Public  Health  Manual 


Petition 
describ- 
ing   site 


Notice   of 
hearing 


Publica- 
tion of 
notice 


lished  in  any  town  by  any  person,  association,  corpora- 
tion or  municipality  except  when  authorized  as  pro- 
vided by  this  section.  The  person,  association,  corpo- 
ration or  municipality  proposing  to  establish  such  a 
hospital,  camp  or  other  establishment  shall  file  with 
the  state  commissioner  of  health  a  petition  describing 
the  character  thereof,  stating  the  county  and  town  in 
which  it  is  to  be  located  and  describing  the  site  in 
such  town  for  such  proposed  hospital,  camp  or  other 
establishment,  and  requesting  the  commissioner  to  fix 
a  date  and  place  for  a  hearing  on  such  petition  before 
the  state  commissioner  of  health  and  the  local  health 
officer,  who  shall  constitute  a  board  to  approve  or  dis- 
approve the  establishment  of  such  hospital,  camp  or 
other  establishment  in  accordance  with  such  petition. 
The  state  commissioner  of  health  shall  fix  a  date  and 
place  for  a  hearing  on  such  petition,  which  date  shall 
be  not  less  than  thirty  nor  more  than  forty  days  after 
the  receipt  thereof.  A  notice  of  such  hearing  specify- 
ing the  date  and  place  thereof  and  briefly  describing  the 
proposed  site  for  such  hospital,  camp  or  other  estab- 
lishment shall  be  mailed  to  the  person,  association, 
corporation  or  municipality  proposing  to  establish  the 
same  and  to  the  health  officer  and  each  member  of 
the  board  of  health  of  the  town  in  which  it  is  proposed 
to  establish  such  hospital,  camp  or  other  establishment 
at  least  twenty  days  before  the  hearing,  and  also  pub- 
lished twice  in  a  local  newspaper  of  the  town,  or  if 
there  is  no  such  paper  published  therein,  then  in  the 
newspapers  of  the  county  designated  in  pursuance  of  law 
to  publish  the  session  laws.  At  the  time  and  place 
fixed  for  such  hearing  the  state  commissioner  of  health, 
or  his  deputy  when  designated  by  the  commissioner, 
and  the  local  health  officer  shall  hear  the  petitioner  and 
any  person  who  desires  to  be  heard  in  reference  to  the 
location  of  such  hospital,  camp  or  other  establishment, 
and  they  shall  within  thirty  days  after  the  hearing,  if 


Tuberculosis  Law  213 

they   are  able  to  agree,  approve  or   disapprove   of  the  . 
location  thereof  and  shall  notify  the  person,  association, 
corporation  or  municipality  of  their  determination.    The  Notmca- 
determination  of  the  state  commissioner  of  health,  or  ^"g^ 
his  deputy  as  the  case  may  be,  and  the  local  health 
officer  shall  be  final  and  conclusive;  but  if  within  thirty 
days  after  the  hearing  they  are  unable  to  agree,  they  shall   if  unable 
within  such  thirty  days  notify  the  person,  association,  t0  agree 
corporation  or  municipality  proposing  to  establish  such 
hospital,  camp  or  other  establishment  that  they  are  un- 
able to  agree.     Within  ten  days  after  the  receipt  of  such 
notice,  such  person,  association,  corporation  or  munici-  Notice  of 
pality  may  file  in  the  office  of  the  state  commissioner  of  board 
health  a  request  that  the  petition  be  referred  to  a  board 
consisting  of  the  lieutenant-governor,  the  speaker  of  the 
assembly  and  the  state  commissioner  of  health.     Such 
officers  shall  approve  or  disapprove  of  the  proposed  loca- 
tion of  such  hospital,  camp  or  other  establishment  after 
a  hearing  of  which  notice  shall  be  mailed  to  the  person, 
association,    corporation    or    municipality   proposing   to 
establish   the   same   and   to    the   health   officer   and   to 
each  member  of  the  local  board  of  health  of  the  town,   Decision 
or   without   a   hearing,  upon   the   evidence,  papers   and   bearing 
documents  filed  with  the  state  commissioner  of  health 
or  that  may  be  submitted  to  them,  as  the  board  shall 
determine.     They  shall  make  their  determination  within 
thirty  days  after  the  request  for  such  submission  has 
been   filed   in   the   office   of   the   state   commissioner   of  Notifica- 
health  and  cause  a  copy  thereof  to  be  mailed  to  the  ^sion 
person,  association,  corporation  or  municipality  propos- 
ing to  establish  such  hospital,  camp  or  other  establish- 
ment and  to  the  health  officer  of  the  town  in  which  it 
is  proposed  to  establish  the  same.     Such  determination  Determ 
shall  be  final  and  conclusive.    (Am'd  by  L.  1909,  ch.  171  £*ai°n 
and  L.  1916,  ch.  291,  in  effect  April  24,  1916.) 

§  320.  Reports    of    tuberculosis    by    physicians    and  Tubercu- 
others.     Tuberculosis  is  hereby  declared  to  be  an  infec-  losis?   in" 

J  fectious 


214 


The  Public  Health  Manual 


and     com- 
muni- 
cable 


Report- 
ing   by 

physi- 
cians    and 
others 


Report     by 
institu- 
tion   to 
health 
officer  of 
munici- 
pality 
where 
patient 
resided 
within 
this     state 


Report    of 

apparent 

cases  by 

nurses, 

teachers, 

etc. 


Registrar 
to  report 
deaths 


tious  and  communicable  disease,  dangerous  to  the  public 
health.*  It  shall  be  the  duty  of  every  physician  in  the 
state  of  New  York,  to  report  by  telephone  or  in  person 
or  in  writing  on  a  form  to  be  furnished  as  hereinafter 
provided,  the  name  and  address,  of  every  person  known 
by  said  physician  to  have  tuberculosis,  to  the  health 
officer  of  the  city,  town  or  village  in  which  said  person 
resides  or  may  be,  within  twenty-four  hours  after  such 
fact  comes  to  the  knowledge  of  said  physician.!  It  shall 
also  be  the  duty  of  the  chief  officer  having  charge  for 
the  time  being  of  any  hospital,  dispensary,  asylum  or 
other  similar  private. or  public  institution  to  report  the 
name,  age,  sex,  color,  occupation,  -place  where  last 
employed  if  known  and  the  previous  address  of  every 
patient  having  tuberculosis  who  comes  into  his  care  or 
under  his  observation,  within  twenty-four  hours  there- 
after to  the  health  officer  of  the  city,  town  or  village 
in  which  said  patient  resided  immediately  previous  to 
admission  to  said  institution;  except  that  if  such  resi- 
dence be  outside  of  the  state  of  New  York  then  such 
report  shall  be  made  to  the  state  commissioner  of 
health. 

Any  physician,  nurse,  employer,  teacher,  head  of  a 
family,  landlord,  or  other  person  may  report  in  writing 
the  name  and  address  of  any  person  coming  under  his 
observation  who  appears  to  be  suffering  from  tubercu- 
losis! to  the  health  officer  of  the  city,  town  or  village 
in  which  such  person  is,  and  the  health  officer  shall 
thereupon  take  such  steps  as  may  be  prescribed  by  the 
sanitary  code  provided  the  person  making  such  report 
signs  his  own  name  and  address  thereon. 

Each  registrar  of  vital  statistics  shall  promptly  report 
to  the  health  officer  the  name  and  address  of  every  per- 
son reported  to  him  as  having  died§  from  tuberculosis. 


*  Sanitary  Code,  Chap.  II,  Reg.  1,  p.  304 
t  Sanitary  Code,  Chap.  II,  Reg.  42,  p.  325 
%  Sanitary  Code,  Chap.  II,  Reg.  42a,  p.  325 
|  Sanitary  Code,  Chap.  II,  Reg.  42b,  p.  326 


Tuberculosis  Law  215 

The  health  officer  shall  ascertain  whether  such  person  Health 
has  been  previously  reported  as  having  tuberculosis  by  °fflcer 

r  J         r  °  •'to   ascer- 

the   physician   signing  the   death   certificate,   and  if   it  tain 

appears  that  such  physician  has  not  so  reported  such  ^1seethe^i 

person,   the   health    officer   shall   call   the    attention   of  reported 
such   physician   to   the   provisions   of   this   section.     In 

case   of   repeated   violations   of   the   provisions   of   this  Viola- 

x  x  tions 

section  by  any  physician  the  health  officer  shall  report 
such  repeated  violations  to  the  board  of  health  or  other 
local  health  authorities,  who  shall  cause  such  steps  to 
be  taken  as  may  be  necessary  to  enforce  the  penalty 
provided  for  such  violation.  (Am'd  by  L.  1913,  ch.  559; 
L.  1914,  ch.  318  and  L.  1918,  ch.  370,  in  effect  May  1, 
1916.) 

§  321.  Examination  of  sputum.     It  shall  be  the  duty 
of  every  health  officer  of  a  city,  town  or  village,  when 
so  requested  by  any  physician,  or  by  authorities  of  any 
hospital  or  dispensary,  to  make  or  cause  to  be  made  a  Free 
microscopical  examination  of  the  sputum  forwarded  to  examina- 
him  as  that  of  a  person  having  symptoms  of  tubercu-  tions 
losis,  which  shall  be  forwarded  to  such  officer  accom- 
panied by  a  blank  giving  name,  age,  sex,  Color,   occu- 
pation, place  where  last  employed  if  known  and  address 
of   the    person   whose    sputum    it    is.      It    shall   be   the  Health 
duty  of  said  health   officer  promptly  to  make  a  report  offlcer 

J  r  xr     j  i  i0    report 

of  the   results   of   such  examination  free  of   charge,  to  result    to 
the    physician    or    person    upon    whose    application    the 
fame  is  made. 

§   322.  Protection  of  records.     It  shall  be  the  duty  ^alth 

J   officers 

of   every   health    officer   of   a   city,   town   or    village   to  to  keep 
cause    all    reports    made    in    accordance   with    the    pro-  jolig011 
visions  of  section  three  hundred  and  twenty,  and  also  register 
all  results  of  examinations,  showing  the  presence  of  the 
bacilli    of    tuberculosis,    made    in    accordance    with    the 
provisions  of  section  three  hundred  and  twenty-one,  to 
be  recorded  in  a  register,  of  which  he  shall  be  the  cus- 
todian.    Such  register  shall  not  be  open  to  inspection 


216 


The  Public  Health  Manual 


Protec- 
tion   of 

records 


Health 

officer 

to    be 

notified 

vacation 

premises 


Health 
officer 
to  visit 
premises 


Disinfec- 
tion   at 
public 
expense 


by  any  person  other  than  the  health  authorities  of  the 
state  and  of  the  said  city,  town  or  village,  and  said 
health  authorities  shall  not  permit  any  such  report  or 
record  to  be  divulged  so  as  to  disclose  the  identity  of 
the  person  to  whom  it  relates,  except  as  may  be  author- 
ized in  the  sanitary  code.*  (Am'd  by  L.  1913,  ch.  559, 
in  effect  May  16,  1913.) 

§  323.  Disinfection  of  premises.!  In  case  of  the  vaca- 
tion of  any  apartment  or  premises  by  the  death  or 
removal  therefrom  of  a  person  having  tuberculosis,  it 
shall  be  the  duty  of  the  attending  physician,  or  if 
there  be  no  such  physician,  or  if  such  physician  be 
absent,  of  the  owner,  lessee,  occupant,  or  other  person 
having  charge  of  the  said  apartments  or  premises,  to 
notify  the  health  officer  of  said  city,  town  or  village, 
of  said  death  or  removal  within  twenty-four  hours 
thereafter,  and  such  apartments  or  premises  so  vacated 
shall  not  again  be  occupied  until  duly  disinfected, 
cleansed  or  renovated  as  hereinafter  provided. 

§  324.  Health  officer  to  direct  disinfection,  cleansing 
or  renovation.^  When  notified  of  the  vacation  of  any 
apartments  or  premises  as  provided  in  section  three 
hundred  and  twenty-three  thereof,  the  local  health  offi- 
cer or  one  of  his  assistants  or  deputies,  shall  within 
twenty-four  hours  thereafter  visit  said  apartments  or 
premises  and  shall  order  and  direct  that,  except  for 
purposes  of  cleansing  or  disinfection,  no  infected  article 
shall  be  removed  therefrom  until  properly  and  suitably 
cleansed  or  disinfected,  and  all  apartments  or  premises 
shall  be  disinfected,  cleansed  or  renovated  in  order  that 
they  may  be  rendered  safe  and  suitable  for  occupancy 
as  prescribed  by  the  sanitary  code.  If  the  health  au- 
thorities determine  that  disinfection  is  sufficient  to 
render    them    safe    and    suitable    for    occupancy,    such 


*  Sanitary  Code,  Chap.  VII,  Reg.  8,  p.  358,  and  Reg.  14,  p.  360 
t  Sanitary  Code,  Chap.  II,  Regs.  45-49,  pp.  327-330 
t  Sanitary  Code,  Chap.  II,  Reg.  45,  p.  327 


Tuberculosis  Law  217 

apartments  or  premises  together  with  all   infected  ar- 
ticles therein,  shall  immediately  be   disinfected  by  the 
health  authorities  at  public  expense,  or  provided,  how-  Except    in 
ever,   that  in   any   locality  which   in  the   judgment    of  persons f°r 
the    state    commissioner    of    health   may   be   considered  having 
a  resort  for  persons  having  tuberculosis,  such  disinfec-  losis 
tion  may  in  the  discretion  of  the  health  authorities  be 
done  by  such  health  authorities  at  the  expense  of  the 
owner  of  the  premises.     Should  the  health  authorities  Cleansing 
determine    that    such    apartments    or    premises    are    invationeat 
need  of  thorough  cleansing  and  renovation,  a  notice  in  exPense  of 

°  °  '  owner    or 

writing  to  this  effect  shall  be  served  upon  the  owner  agent 
or  agent  of  said  apartments  or  premises,  and  said 
owner  or  agent  shall  thereupon  proceed  to  the  cleansing 
or  renovating  of  such  apartments  or  premises  in  accord- 
ance with  the  instructions  of  the  health  authorities, 
and  such  cleansing  and  renovation  shall  be  done  at  the 
expense  of  said  owner  or  agent.  The  public  health 
council  shall  include  in  the  sanitary  code  regulations 
denning  the  methods  and  precautions  to  be  observed  in 
disinfecting,  cleansing,  or  renovating  premises  under 
the  provisions  of  this  section. f  In  any  case  in  which  Expense 
the  owner  is  liable  for  the  expense  of  such  disinfection,  pr0perty 
cleansing  or  renovation  by  or  pursuant  to  the  provisions 
of  this  section,  such  expense  if  not  paid  shall  be  a  first 
lien  upon  such  property,  real  or  personal,  so  disin- 
fected, cleansed  or  renovated,  having  preference  over 
all  other  liens  and  incumbrances  whatever.  If  the  lien 
is  against  real  property,  it  may  be  foreclosed  in  the 
manner  prescribed  in  section  thirty-two  of  the  public 
health  law;  if  the  lien  is  against  personal  property  it 
may  be  foreclosed  in  the  manner  prescribed  in  sections 
two  hundred  and  six  to  two  hundred  and  nine,  inclusive, 
of  the  lien  law.  (Am'd  by  L.  1909,  ch.  240;  L.  1910, 
ch.  427  and  L.  1913,  ch.  559,  in  effect  May  16,  1913.) 


t  See  Sanitary  Code,  Chap.  II,  Regs.  45  and  46,  pp.  327-328 


218 


The  Public  Health  Manual 


Occupancy 
of 

premises 
for- 
bidden 


Notice    to 
be    posted 


Careless 
patient 
declared 
to    be 

guilty    of    a 
nuisance 


Complaint 
to  health 
officer 


Health 
officer     to 
investi- 
gate and 
serve 
notice 


§  325.  Prohibiting  occupancy  until  order  of  health 
officer  is  complied  with„$  In  case  the  orders  or  direc- 
tions of  the  local  health  officer  requiring  the  disin- 
fection, cleansing  or  renovation  of  any  apartments  or 
premises  or  any  articles  therein  as  hereinbefore  pro- 
vided, shall  not  be  complied  with  within  forty-eight 
hours  after  such  orders  or  directions  shall  be  given, 
the  health  officer  may  cause  a  placard  in  words  and 
form  substantially  as  follows  to  be  placed  upon  the 
door  of  the  infected  apartments  or  premises: 

"  Tuberculosis  is  a  communicable  disease.  These 
apartments  have  been  occupied  by  a  consumptive  and 
may  be  infected.  They  must  not  be  occupied  until  the 
order  of  the  health  officer  directing  their  disinfection 
or  renovation  has  been  complied  with.  This  notice 
must  not  be  removed  under  penalty  of  the  law  except 
by  the  health  officer  or  other  duly  authorized  official." 

§  326.  Prohibiting  carelessness  of  a  person  having 
tuberculosis.  Any  person  having  tuberculosis  who  shall 
dispose  of  his  sputum,  saliva  or  other  bodily  secretion 
or  excretion  so  as  to  cause  offense  or  danger  to  any 
person  or  persons  occupying  the  same  room  or  apart- 
ment, house,  or  part  of  a  house,  shall  on  complaint  of 
any  person  or  persons  subjected  to  such  offense  or 
danger,  be  deemed  guilty  of  a  nuisance  and  any  per- 
sons subjected  to  such  a  nuisance  may  make  complaint 
in  person  or  writing  to  the  health  officer  of  any  city, 
town,  or  village  where  the  nuisance  complained  of  is 
committed.  And  it  shall  be  the  duty  of  the  local 
health  officer  receiving  such  complaint  to  investigate 
and  if  it  appears  that  the  nuisance  complained  of  is 
such  as  to  cause  offense  or  danger  to  any  person  occupy- 
ing the  same  room,  apartment,  house  or  part  of  a  house, 
he  shall  serve  a  notice  upon  the  person  so  complained 
of,  reciting  the  alleged  cause  of  offense  or  danger  and 


t  Sanitary  Code,  Chap.  II,  Reg.  49,  p.  329 


Tuberculosis  Law  219 

requiring  him  to  dispose  of  his  sputum,  saliva  or  other 
bodily  secretion  or  excretion  in   such  a  manner  as  to 
remove  all  reasonable  cause  of  offense  or  danger.     Any  Penalty  for 
person    failing    or    refusing    to    comply   with    orders    or  ^mpiy    t0 
regulations  of  the  local  health  officer  of  any  city,  town  witn   order 

.„  .    .  ,  .  .  . ,  ,  .     of     health 

or  village,  requiring  him  to  cease  to  commit  such  nui-  officer 
sance,   shall   be   deemed   guilty   of   a  misdemeanor   and 
en  conviction  thereof  shall  be  fined  not  more  than  ten 
dollars. 

§   326-a.  Control  of  dangerous  and  careless  patients,  complaint 
Whenever   a   complaint   shall  be  made  by   a   physician  offlcer 
to  a  health  officer  that  any  person  is  afflicted  with  anv  ™ga-rd\ns„ 

«/    i  j        carrier 

infectious,  contagious  or  communicable  disease  or  is  a  or    care- 
carrier  of  typhoid  fever,  tuberculosis,  diphtheria  or  other  patient 
infectious  disease  and  is  unable  or  unwilling  to  conduct 
himself  and  to  live  in  such  a  manner  as  not  to  expose 
members  of  his  family  or  household  or  other  persons 
with  whom  he  may  be  associated  to  danger  of  infection, 
the   health    officer   shall   forthwith    investigate   the    cir- 
cumstances   alleged.      If    he    shall    find   that    any    such 
person  is  a  menace  to  others,  he  shall  lodge  a  complaint  Complaint 
against   such   person  with   a  magistrate,   and   on   such  0fflceiea  t0 
complaint  the  said  person  shall  be  brought  before  such  masis- 
magistrate.      The   magistrate    after    due    notice    and    a 
hearing,   if   satisfied   that   the  complaint  of  the  health  Commit- 
ofiicer  is  well  founded  and  that  the  person  is  a  source  ■■  carrier 
of    danger    to    others,    may    commit    him    to    a    county  °r    care" 
hospital   for   tuberculosis   or   to  any   other   hospital   or  patient   by 
institution  established  for  the  care  of  persons  suffering  ™ateS 
from  any  such  disease  or  maintaining  a  room,  ward  or 
wards  for  such  person.     Such  person  shall  be  deemed 
to  be  committed  until  discharged  in  the  manner  author- 
ized in  this  section.     In  making  such  commitment  the  Provi- 
magistrate  shall  make  such  order  for  payment  for  the  care  and 
care  and  maintenance  of  such  person  as  he  may  deem  mainte- 

L  J  nance 

proper.      The    chief   medical    officer    of    the   hospital    or 
other   institution   to   which  any   such   person  has   been 


220 


The  Public  Health  Manual 


Discharge 
.by    chief 
medical 
officer 


Report    to 
health 
officer    and 
board   of 
managers, 
of    each 
patient 
dis- 
charged 


by 


Com- 
plaint 
chief 
medical 
officer    to 

trate,    of 
dis- 
orderly 
conduct    of 

patient 


Commit- 
ment    for 
six  months, 
for   dis- 
orderly 
conduct 


committed,  upon  signing  and  placing  among  the  per- 
manent records  of  such  hospital  or  institution  a  state- 
ment to  the  effect  that  such  person  has  obeyed  the 
rules  and  regulations  of  such  hospital  or  institution 
for  a  period  of  not  less  than  sixty  days,  and  that  in 
liis  judgment  such  person  may  be  discharged  without 
danger  to  the  health  or  life  of  others,  or  for  any  other 
reason  stated  in  full  which  he  may  deem  adequate  and 
sufficient,  may  discharge  the  person  so  committed.  He 
shall  report  each  such  discharge  together  with  a  full 
statement  of  the  reasons  therefor  at  once  to  the  health 
officer  of  the  city,  village  or  town  from  which  the 
patient  came  and  at  the  next  meeting  of  the  board  of 
managers  or  other  controlling  authority  of  such  hos- 
pital or  institution.  Every  person  committed  under 
the  provisions  of  this  section  shall  observe  all  the  rules 
and  regulations  of  such  hospital  or  institution.  Any 
patient  so  committed  who  neglects  or  refuses  to  obey 
the  rules  or  regulations  of  the  institution  may  by 
direction  of  the  chief  medical  officer  of  the  institution 
be  placed  apart  from  the  other  patients  and  restrained 
from  leaving  the  institution.  Any  such  patient  who 
wilfully  violates  the  rules  and  regulations  of  the  insti- 
tution or  repeatedly  conducts  himself  in  a  disorderly 
manner  may  be  taken  before  a  magistrate  by  the  order 
of  the  chief  medical  officer  of  the  institution.  The  chief 
medical  officer  may  enter  a  complaint  against  such  per- 
son for  disorderly  conduct  and  the  magistrate,  after  a 
hearing  and  upon  due  evidence  of  such  disorderly  con- 
duct, may  commit  such  person  for  a  period  not  to 
exceed  six  months  to  any  institution  to  which  persons 
convicted  of  disorderly  conduct  or  vagrancy  or  of  being 
tramps  may  be  committed,  .and  such  institution  shall 
keep  such  person  separate  and  apart  from  the  other 
inmates,  provided  that  nothing  in  this  section  shall  be 
construed  to  prohibit  any  person  committed  to  any 
institution  under  its  provisions  from  appealing  to  any 


Tuberculosis  Law  221 

court  having  jurisdiction,  for  a  review  of  the  evidence  Right  of 
on  which  commitment  was  made.      (Added  by  L.  1913,  aPPeal 
ch.  559,  in  effect  May  16,  1913.) 

§   327.   Protection   of  patient's   family.     It   shall  be  Duty  of 
the    duty    of    a   physician   attending    a    patient    having  officer 
tuberculosis  to  take  all  proper  precautions  and  to  give  ^Yhei!    no 
proper    instructions    to    provide    for    the    safety    of    all  cian  is  in 
individuals  occupying  the  same  house  or  apartment,  and  anceen  ~r 
if  no  physician  be  attending  such  patient  this  dutv  shall  fails  t0 

,    ,"  ox  j  perform 

devolve  upon  the  local  health  officer,  and  all  duties  im-  duties 
posed  upon  physicians  by  any  sections  of  this  article 
shall  be  performed  by  the  local  health  officer  in  all  cases 
of  tuberculosis  not  attended  by  a  physician,  or  when  the 
physician  fails  to  perform  the  duties  herein  specified, 
and  shall  so  report. 

§  328.  Providing  that  physicians  shall  make  a  com-  Blanks 
plete  statement  of  procedure  and  precautions  on  a  blank  phyns1f-hed 
to  be  furnished  by  the  health  officer.     It  shall  be  the  ^ians  by 

»    .  -  -  health 

duty  of  the  local  health  officer  to  transmit  to  a  phy-  officer 
sician  reporting  a  case  of  tuberculosis  as  provided  in 
section  three  hundred  and  twenty,  a  printed  statement 
and  report,   in  a  form  approved  by  the  state  commis- 
sioner of  health,  naming  such  procedure  and  precautions 
as  in  the  opinion  of  the  said  commissioner  are  necessary 
or  desirable  to  be  taken  on  the  premises  of  a  tubercu- 
losis   patient.      The    state    department    of    health    shall  Blanks 
print  an  ample  supply  of  such  statements  and  reports  health 
and  furnish  the   same   in   sufficient  numbers  to  health  °?°ers    by 

SLcLlG 

officers  for  all  physicians.  Upon  receipt  of  such  state-  depart- 
ment and  report  the  physician  shall  either  cany  into 
effect  all  such  procedure  and  precautions  as  are  therein 
prescribed,  and  shall  thereupon  sign  and  date  the  same 
and  return  it  to  the  local  health  officer  without  delay, 
or,  if  such  attending  physician  be  unwilling  or  unable 
to  carry  into  effect  the  procedures  and  precautions  speci- 
fied, he  shall  so  state  upon  this  report  and  immediately 
return  the  same  to  the  local  health  officer  and  the  duties 


222 


The  Public  Health  Manual 


When    phy- 
sician 
unwilling 
to    care   for 
case,     duty 
falls     upon 
health 
officer, 
who 
receives   fee 


Fee 

to    phy- 
sician 
unless 
salaried 
officer 


Health 
officer    may 
require 
addi- 
tional 
pre- 
cautions 


Visits    by 
public 
health 
nurse 


therein  prescribed  shall  thereupon  devolve  upon  said 
local  health  officer  who  shall  receive  the  fee  hereinafter 
provided  as  payment  of  the  services  of  the  physician 
if  he  comply  with  the  duties  herein  prescribed.  Upon 
the  receipt  of  this  statement  and  report  the  local  health 
officer  shall  carefully  examine  the  same,  and  if  satisfied 
that  the  attending  physician  has  taken  all  necessary 
and  desirable  precautions  to  insure  the  safety  of  all 
persons  living  in  the  apartments  or  premises  occupied 
by  the  persons  having  tuberculosis,  the  said  local  health 
officer  shall  issue  an  order  upon  the  treasurer  of  the 
city,  town  or  village  in  favor  of  the  attending  physician, 
except  where  such  physician  is  employed  by  and  re- 
ceives a  salary  from  the  state  of  New  York,  or  is  em- 
ployed by  and  receives  a  salary  from  a  hospital,  sana- 
torium, or  other  similar  private  or  public  institution 
in  the  state  of  New  York,  for  the  sum  of  one  dollar 
thereupon  to  be  paid  out  of  a  fund  which  shall  be  pro- 
vided by  said  city,  town  or  village.  But  no  such  pay- 
ment shall  be  made  to  any  physician  for  reporting  cases 
of  tuberculosis  elsewhere  than  in  the  city,  town  or  vil- 
lage where  such  patient  resides.  If  the  precaution 
taken  or  instructions  given  by  the  attending  physician 
are,  in  the  opinion  of  the  local  health  officer,  not  such 
as  will  remove  all  reasonable  danger  or  probability  of 
danger  to  the  persons  occupying  the  said  house  or  apart- 
ments or  premises,  the  local  health  officer  shall  return 
to  the  attending  physician  the  .  report  with  a  letter 
specifying  the  additional  precautions  or  instructions 
which  the  health  officer  shall  require  him  to  take  or 
give;  and  the  said  attending  physician  shall  immedi- 
ately take  the  additional  precautions  and  give  the  addi- 
tional instructions  specified  and  shall  record  and  return 
the  same  on  the  original  report  to  the  local  health 
officer.  A  health  officer  shall  have  authority  to  cause 
all  reported  cases  of  tuberculosis  within  his  jurisdic- 
tion to  be  visited  from  time  k>  time  by  a  public  health 


Tuberculosis  Law  223 

nurse.     In   every  case  in  which  a  physician   reporting  Nurse 
the  case  has  elected  to  carry  into  effect  the  procedure  g" dgrrvl. 
and    precautions    required    by   this    section,    the    public  sion  of 

in  i  n         t         j-  i  physician 

health  nurse  shall  act  under  the  direction  and  super- 
vision of  the  physician.     It  shall  further  be  the  duty 
of  the  health  officer  -to  transmit  to  the  physician  report- 
ing any  case  of  tuberculosis   a  printed  requisition,   to 
be   supplied  by  the   state   commissioner   of  health,   and 
issued  in  sufficient  number  to  health  officers  to  supply 
physicians.     Upon  this  requisition  blank  shall  be  named  Requisi- 
the  materials  kept  on  hand  by  the  local  health  officer  biankS    for 
for  the  prevention  of  the  spread  of  tuberculosis  and  it  suppifes 
shall  be  the  duty  of  the  local  health  officer  to  supply 
such  materials  as  may  be  specified  in  such  requisition. 
Any   physician   may   return   a   duly   signed   requisition 
to    the    local    health    officer    for    such    of    the    specified 
materials  and  in  such  amount  as  he  may  deem  necessary 
to  aid  him  in  preventing  the  spread  of  the  disease,  and 
all  local  health  officers  shall  honor,  as  far  as  possibfe,  Health 
the    requisition   signed   by   the   attending   physician    in  furn^h 
such   case.     It  shall  be  the  duty  of  every  local  health  materials 
officer    to    transmit    to   every    physician   reporting    any  sicians 
case  of  tuberculosis,  or  to  the  person  reported  as  suffer- 
ing from  this  disease,  provided  the  latter  has  no  attend- 
ing  physician,   a   circular   of   information   approved   by  Health 
the   state   commissioner   of   health    and  which   shall   be  officer    t0 

supply 

provided  in  sufficient  quantity  by- the  local  health  au-  circular  of 
thorities.      This    circular    of    information    shall    inform  tion    re"_  ' 
the  consumptive   of  the  best  methods   of  treatment   of  gardins 

L  tubercu- 

his  disease  and   of  the  precautions  necessary  to  avoid  losis 
transmitting  the  disease  to  others.      (Am'd  by  L.  1909, 
ch.  426;  L.  1911,  ch.  490,  and  L.  1913,  ch.  559,  in  effect 
May  16,  1913.) 

§   329.  Penalty  for  failure  of  physician  to  perform  penalty  for 


false    state- 
ment    or 


duties  or  for  making  false  reports.     Any  physician  or 
person    practicing    as    a    physician    who    shall    wilfully  reports 
make  any  false  statement  concerning  the  name,  age,  sex, 


224 


The  Public  Health  Manual 


Recovery 
of     tuber- 
culosis 
patient 
to    be 
reported 
health 
officer 


Penalties 
for    viola- 
tions 


New    York 

city 

excepted 


Privi- 
leges   to 
matricu- 
lated 
students 
medical 
colleges 


of 


color,  occupation,  place  where  last  employed  if  known, 
or  address  of  any  person  reported  as  affected  with 
tuberculosis,  or  who  shall  certify  falsely  as  to  any  of 
the  precautions  taken  to  prevent  the  spread  of  infec- 
tion, shall  be  deemed  guilty  of  a  misdemeanor,  and  on 
conviction  thereof  shall  be  subject  to  a  fine  of  not  more 
than  one  hundred  dollars.  (Am'd  by  L.  1913,  ch.  559, 
in  effect  May  16,  1913.) 

§  330.  Reporting  recovery  of  patient.  Upon  the  re- 
covery of  any  person  having  tuberculosis,  it  shall  be 
the  duty  of  the  attending  physician  to  make  a  report 
of  this  fact  to  the  local  health  officer,  who  shall  record 
the  same  in  the  records  of  his  office,  and  shall  relieve 
said  person  from  further  liability  to  any  requirements 
imposed  by  this  article. 

§  331.  General  penalty.  Any  person  violating  any 
of  the  provisions  of  sections  three  hundred  and  twenty 
to  three  hundred  and  thirty,  both*  inclusive,  of  this 
article,  shall  be  deemed  guilty  of  a  misdemeanor  and 
upon  conviction  thereof  shall  be  punished,  except  as  in 
this  article  otherwise  provided,  by  a  fine  of  not  less 
than  five  dollars  nor  more  than  fifty  dollars. 

§  332.  Application  of  provisions.  No  portion  of  sec- 
tion three  "hundred  and  twenty  to  three  hundred  and 
thirty-one,  both  inclusive,  shall  apply  to  the  city  of 
New  York,  nor  shall  the  passage  of  said  sections  modify 
or  repeal  any  of  the  provisions  of  the  charter  of  the 
city  of  New  York,  or  any  rule  or  regulation  issued  by 
the  department  of  health  of  said  New  "York  city.  (Am'd 
by  L.  1909,  ch.  240,  in  effect  April  22,  1909.) 

§  333.  Like  privileges  in  hospitals  to  be  granted  to 
matriculated  students  of  medical  colleges.  Whenever 
the  managers,  governors,  or  person  or  persons  having 
lawful  control  and  management  over  any  public  hospital 
in  any  city  or  county  in  this  state,  shall  grant  to 
matriculated  students  of  any  legally  incorporated  medi- 
cal college  in  said  city  or  county,  privileges  of  admission 


Tuberculosis  Law  225 

to  such  hospital  for  hearing  clinics  or  lectures,  or  re- 
ceiving medical  or  surgical  instruction  therein,  the  like 
privileges  and  advantages  shall  be  granted  to  the  ma- 
triculated students  in  each  and  all  legally  incorporated 
medical  colleges  in  said  city  and  county  who  may  desire 
the  same,  without  distinction  or  preference,  and  upon 
equal  terms  and  conditions  to  all.  Nothing  in  this  sec- 
tion shall  prevent  the  managers  of  hospitals  from  limit- 
ing the  attendance  of  students  in  such  hospitals  to  ft 
number  compatible  with  the  welfare  of  patients.  But 
in  such  limitation  they  shall  receive  students  from  such 
legally  incorporated  medical  colleges  applying  for  such 
admission  in  proportion  to  the  number  of  students  in 
attendance  upon  such  college. 

§  334.  Iron  stairways  on  outside  of  hospital  buildings.  Fire 
All  hospital  buildings  used  for  general  hospital  pur-  hospital  f°r 
poses,  or  hospitals  or  asylums  for  the  insane,  or  any  buildings 
hospital  buildings  which  are  more  than  two  stories 
high,  other  than  those  which  are  fireproof  in  their  con- 
struction, shall  have  properly  constructed  iron  stairways 
on  the  outside  thereof,  with  suitable  doorways  leading 
thereto  from  each  story  above  the  first,  for  use  in  case 
of  fire.  It  shall  be  the  duty  of  the  trustees,  managers, 
owners  or  proprietors  of  such  hospitals  or  asylums  to 
cause  such  stairways  to  be  constructed  and  maintained. 
If  the  trustees  or  owners  of  any  hospital  as  herein  de- 
scribed, except  those  owned  and  maintained  by  a  city,  a 
county,  or  the  state,  shall  fail  to  provide  such  stairways 
before  the  first  day  of  October,  eighteen  hundred  an'l 
ninety-six,  then  the  local  authorities  shall  proceed  to 
erect  such  stairways,  and  the  cost  thereof  may  be  recov- 
ered by  an  action  at  law  from  the  property  of  said 
hospital. 

The  district  attorney  of  each  county  is  hereby  charged 
with  the  execution  of  this  statute,  except  in  the  case  of 
hospitals  erected  or  maintained  by  the  state,  city  or  by 
a  county. 

8 


226 


The  Public  Health  Manual 


Excepting 
fire  proof 
buildings 


The  provisions  of  this  section  shall  not  apply  to  any 
institution  in  any  of  the  cities  or  counties  of  this  state, 
which  the  fire  department  of  said  city  or  district  attor- 
ney of  the  county  shall  certify  in  writing  to  be  fire- 
proof to  an  extent  which  will  not  require  the  appliances 
and  fixtures  provided  for  in  this  section.  The  certificate 
exempting  institutions  from  the  operations  of  this  sec- 
tion shall  be  filed  during  the  month  of  January  in  each 
year,  in  the  office  of  the  county  clerk  of  the  county. 

ARTICLE  XVI-A* 

Cold  storage 
(Added  by  L.  1911,  ch.  335,  in  effect  June  15,  1911) 
Section  335.     Definitions. 

336.  Cold  storage  food  to  be  marked. 
336-a.  Licenses  to  be  secured. 

337.  Time  that  cold  storage  food  may  be  kept. 

338.  Powers  of  state  commissioner  of  health. 
338-a.  Food  to  be  condemned. 

339.  Reports  of  warehousemen. 
339-a.  Transfers  from  one  warehouse  to  another. 
339-b.  Prohibits  return  of  food  to  cold  storage 

when  once  released  for  purpose  of  plac- 
ing same  on  market  for  sale. 

339-c.  Prohibits  sale  of  food  kept  in  cold  storage 
without  representing  said  fact. 

339-d.  Penalties. 

§  335.  Definitions.  The  term  food  as  used  in  this 
article  shall  include  any  article,  except  nuts,  fruits, 
cheese  and  vegetables,  used  for  food  by  man  or  animal 
and  every  ingredient  of  such  article. 

§  336.  Cold  storage  food  to  be  marked.    It  shall  here- 
food  °to   be  after  be  unlawful  for  any  person  or  persons,  corporation 
marked         or  corp0rationS)  engaged  in  the  business  of  cold  storage 
warehousemen  or  in  the  business  of  refrigerating,  to  re- 

*  To  be  enforced  by  Department  of  Farms  and  Markets  under 
Farms  and  Markets  Law,  §  100,  p.  448 


Food 
denned 


Cold 
storage 


Cold  Storage  227 

ceive  any  kind  of  food  unless  the  said  food  is  in  an  appa- 
rently pure  and  wholesome  condition,  and  the  food  or  the 
package   containing   the    same   is   branded,   stamped   or  Marking 
marked,  in  some  conspicuous  place,  with  the  day,  month  i^eived 
and   year,    when    the    same    is    received    in    storage    or 
refrigeration. 

It  shall  be  unlawful  for  any  person  or  persons,  corpo- 
ration or  corporations,  engaged  in  the  business  of  cold 
storage  warehousemen  or  in  the  business  of  refrigerating 
to  permit  any  article  of  any  kind  whatsoever  used  for 
food  in  the  possession  of  any  person  or  persons,  corpo- 
ration or  corporations,  engaged  in  the  business  of  cold 
storage  warehousemen  or  refrigerating,  to  be  taken  from 
their  possession  without  first  having  branded,  stamped 
or  marked  on  said  food  stuffs  or  the  package  containing 
same,  in  a  conspicuous  place,  the  day,  month  and  year,  Marking 
when  said  food  stuffs  or  package  was  removed  from  cold  ™^oVed 
storage  or  refrigeration. 

It  shall  also  be  unlawful  for  any  person  or  persons, 
corporation  or  corporations,  to  offer  for  storage  in  a 
cold  storage  warehouse  or  to  place  in  storage  in  a  cold 
storage  warehouse  any  article  of  food  unless  the  same  is  Food  t0  be 

in     pure 

in  an  apparently  pure  and  wholesome  condition.     (Am  d  and   whoie- 
by  L.  1914,  cK414,  in  effect  April  17,  1914.)  s™0enCCIi" 

§   336-a.    License  to  be   secured.     On  and  after  the  LiCense 
first  day  of  October,  nineteen  hundred  and  thirteen,  no  reciuirecl 
person    or    persons,    firm,    corporation    or    corporations 
other  than  those  engaged  solely  and  exclusively  in  the 
business  of  storing  nuts,  fruit,  cheese  or  vegetables  only, 
shall  operate  a  cold  storage  or  refrigerating  warehouse 
without  a  license  to  be  issued  by  the  state  department 
of  health.     Any  person  or  persons,  firm,  corporation  or  Appiica- 
corporations  desiring  such  a  license  shall  make  written  tlon 
application  to  the  department  on  or  before  the  first  day 
of   September,   nineteen   hundred   and   thirteen,    stating 
the  location  of  its  plant  or  plants.     On  receipt  of  the  Examina- 
application  the  department  shall  cause  an  examination 


228 


The  Public  Health  Manual 


License    fee 


Renewal    oi 
license 


Renewal 

license 

fee 


Closing    of 
warehouse 
or    sus- 
pending   of 
license 


to  be  made  into  the  sanitary  condition  of  such  plant  or 
plants  and  if  they  are  found  to  be  in  a  sanitary  con- 
dition and  otherwise  properly  equipped  for  the  business 
of  cold  storage,  the  department  shall  cause  a  license  to 
be  issued  authorizing  the  applicant  to  operate  a  cold 
storage  or  refrigerating  warehouse  for  and  during  the 
period  of  one  year.  The  license  shall  be  issued  upon 
payment  by  the  applicant  of  a  license  fee  of  twenty-five 
dollars  to  the  state  treasurer.  On  or  before  the  first 
day  of  September  in  each  subsequent  year  all  person 
or  persons,  firm,  corporation  or  corporations,  engaged 
in  the  business  of  cold  storage  or  refrigerating  ware- 
housing, shall  make  a  renewal  application  to  the  state 
department  of  health,  stating  the  location  of  its  plant 
or  plants.  If  the  state  department  of  health  is  satisfied 
that  the  plant  or  plants  continue  in  a  sanitary  con- 
dition and  are  otherwise  properly  equipped  for  the  busi- 
ness of  cold  storage,  the  department  shall  on  or  before 
the  first  day  of  October  in  each  subsequent  year  issue 
a  renewal  license  for  one  year  on  the  payment  of  the 
license  fee  of  twenty-five  dollars.  Should  any  person 
or  persons,  firm,  corporation  or  corporations,  desire  to 
begin  the  business  of  cold  storage  or  refrigerating  ware- 
housing after  the  first  day  of  October,  nineteen  hundred 
and  thirteen,  it  or  they  shall  file  an  application  with 
the  state  department  of  health  stating  the  location  of 
its  plant  or  plants,  and  the  state  department  of  health 
after  an  examination  on  payment  of  the  license  fee 
may  then  issue  a  license  to  such  applicant,  for  a  period 
up  to  and  including  the  first  day  of  October  next  fol- 
lowing. In  the  event  that  any  warehouse  licensed  under 
the  provisions  of  this  section,  or  any  portion  thereof, 
shall  be  deemed  by  the  state  department  of  health  to 
be  conducted  in  an  unsanitary  manner,  it  shall  be  the 
duty  of  the  department  to  close  such  warehouse,  or 
portion  thereof,  until  it  shall  be  put  in  satisfactory 
condition,  and  the  department  shall  have  power  also  to 


Cold  Storage  229 

suspend  the  license  in  case  the  needed  changes  shall 
not  be  made  within  a  reasonable  time.  (Added  by  L. 
1913,  ch  560,  in  effect  May  16,  1913.) 

§  337.  Time  that  cold  storage  foods  may  be  kept.    It  Time   that 

cold 

shall  hereafter  be  unlawful  for  any  person,  corporation  storage 
or  corporations,  engaged  in  the  business  of  cold  storage  b°eodkep™ay 
warehousemen  or  refrigerating,  or  for  any  person 
placing  food  in  a  cold  storage  warehouse,  to  keep  in  stor- 
age for  preservation  or  otherwise  any  kind  of  food  or 
any  article  used  for  food  a  longer  period  than  twelve 
calendar  months.  (Am'd  by  L.  1914,  ch.  414,  and  L. 
1918,  ch.  433,  in  effect  May  2,  1918.) 

§  338.  Powers  of  state  commissioner  of  health.    The  Powers    of 

sts+G    com- 

state  commissioner  of  health  is  hereby  vested  with  full  miSSioner 
power  and  authority  to  inspect  and  supervise  all  places  of  health 
in  this  state  now  used  or  hereafter  to  be  used  for  cold 
storage    or    refrigerating   purposes;    the   state    commis- 
sioner of  health  or  his  duly  authorized  agents  or  em- 
ployees shall  be  permitted  access  to  such  place  or  places  Right    of 
and  all  parts  thereof  at  all  times  for  the  purpose  of 
seeing  that  said  place  or  places  are  kept  and  maintained 
in  a  clean  and  sanitary  manner,  and  for  the  purpose  of 
determining  whether  or  not  the  provisions  of  this  article 
or  any  other  act  relating  to  food  stuffs  are  being  com- 
plied with.     The  commissioner  of  health  shall  have  the 
power  by  subpoena  or  subpoena  duces  tecum,  issued  and 
attested  by  him  in  his  official  capacity  to  require  the 
attendance   and   testimony   before   him,    or   the   deputy 
commissioner,,  of  any  person  who  he  may  have  reason  May   issue 
to  believe  has  knowledge  of  any  alleged  violation  of  this  su  poenas 
article,  and  the  production  before  him,  or  the  deputy 
commissioner,  of  any  records,  books,  papers  and  docu- 
ments for  the  purpose  of  investigating  any  alleged  vio- 
lation of  this  article.    Such  subpoenas  or  subpoenas  duces 
tecum  may  be   served  by  any   person  over   the   age   of 
twenty-one   years.      No    person    shall   be    excused    from 
attending  and  testifying  or  producing  any  records,  books, 


230  The  Public  Health  Manual 

papers  or  other  documents  before  said  commissioner  of 
health,  or  the  deputy  commissioner,  upon  such  investiga- 
tion upon  the  ground  or  for  the  reason  that  the  testi- 
mony or  evidence,  documentary  or  otherwise,  required 
of  him  may  tend  to  convict  him  of  a  crime  or  subject 
him  to  a  penalty  or  forfeiture,  but  no  person  shall  be 
prosecuted  or  subjected  to  any  penalty  or  forfeiture  for 
or  on  account  of  any  transaction,  matter  or  thing  con- 
cerning which  he  may  so  testify  or  produce  evidence, 
documentary  or  otherwise,  and  no  testimony  so  given  or 
produced  shall  be  received  against  him  upon  any  crimi- 
nal action,  investigation  or  proceeding.  Any  person  who 
shall  omit,  neglect  or  refuse  to  attend  and  testify  or  to 
produce  any  records,  books,  papers  or  documents,  if  in 
his  power  so  to  do,  in  obedience  to  such  subpoena  or 
subpoena  duces  tecum  shall  be  guilty  of  a  misdemeanor. 
False  Any  person  who  shall  wilfully  and  knowingly  make  any 

ments  false  statement  under  oath  before  the  commissioner  of 

health,  or  the  deputy  commissioner,  concerning  a  mate 
rial  matter  shall  be  guilty  of  perjury.  The  commissioner 
of  health  and  the  deputy  commissioner  are  hereby  au- 
thorized and  empowered  to  administer  oaths  and  affir- 
mation in  the  usual  appropriate  forms  to  any  person  in 
any  matter  or  proceedings  authorized  as  aforesaid  and 
in  all  matters  pertaining  or  relating  to  this  article  and 
to  take  and  administer  oaths  and  affirmations  in  the 
usual  appropriate  forms,  in  taking  any  affidavit  or 
deposition  which  may  be  necessary  or  required  by  law 
or  by  any  order,  rule  or  regulation  of  the  commissioner 
of  health  for  or  in  connection  with  the  official  purposes, 
affairs,  powers,  duties  or  proceedings  of  said  commis- 
sioner of  health,  or  the  deputy  commissioner,  or  for  any 
official  purpose  lawfully  authorized  by  said  commissioner 
of  health.  The  power  of  supervision  hereby  granted 
shall  extend  to  enable  the  state  commissioner  of  health 
Rules  ana  to  adopt  such  reasonable  rules  and  regulations  as  may 
tionsla"         be  determined  upon  from  time  to  time  as  essential  to 


Cold  Storage  231 

the  proper  protection  of  the  consumer  of  the  commodi- 
ties kept  and  preserved  in  such  place  or  places,  and  the 
state  commissioner  of  health  may  appoint  and  designate 
from  time  to  time  such  person  or  persons  as  he  deems 
fit  for  the  purpose  of  making  such  inspections.  (Am'd  inspec- 
by  L.  1914,  ch.  414,  in  effect  April  17,  1914.)  tors 

§  338-a.  Food  to  be  condemned.  The  state  commis-  Food  to  be 
sioner  of  health  may  seize  and  condemn  any  articles  of  ^on"ned 
food  in  cold  storage  warehouses  which  are  found  to  be 
unfit  for  use  and  such  articles  of  food  shall  be  de- 
stroyed or  otherwise  disposed  of  under  such  conditions 
as  the  state  commissioner  of  health  may  prescribe. 
(Added  by  L.  1913,  ch.  560,  in  effect  May  18,  1913.) 

§  339.  Reports    of    warehousemen.     All     persons   or  Reports    of 
corporations   engaged   in   the  business    of   cold   storage  ^0aJse"men 
warehousemen,  or  in  the  business  of  refrigerating,  shall  t0  com- 

i  ii  .  missioner 

submit  reports  to  the  state  commissioner  of  foods  and  of  foods 

markets,   upon   printed   forms   to   be   provided  by  such  Markets 

commissioner,  setting  forth  in  itemized  particulars  the 

quantity  of  each  and  every  food  stuff  in  storage  or  in 

the  control   of  said  person  or  persons,   corporation  or 

corporations;  said  report  shall  be  filed  on  or  before  the 

fifth  day  of  each  month,  and  reports  so  rendered  shall 

show    conditions    existing    upon    the    first    day    of    the 

month  in  which  said  repoKt  is  filed.      (Am'd  by  L.  1918, 

ch.  433,  in  effect  May  2,  1918.) 

§  339- a.  Transfers    from   one   warehouse   to   another.  Transfers 

The   transfer   of   any   food   from   one    cold   storage   or  from    one 

"  &  ware- 

refrigerating  warehouse  to  another  for  the  purpose  of  house    to 

evading   any   provisions   of  this   article   is   hereby  pro- 
hibited. 

§  339-b.    Prohibits   return   of   food   to    cold   storage  „ 

*»      Food     not 

when  once  released  for  purpose  of  placing  same  on  mar-  to   be   re- 
ket  for  sale.     When  food  has  been  in  cold  storage  or  t^™ 
refrigeration  and  is  released  therefrom  for  the  purpose  storase 
of  placing  the  same  on  the  market   for   sale  it  shall 


232 


The  Public  Health  Manual 


Sale   of 
food  kept 
in   cold 
storage 
without 
represent- 
ing   said 
fact     pro- 
hibited 

Penalties 


be  a  violation  of  the  provisions  of  this  article  to  again 
place    such   food    in    cold    storage   or    refrigeration. 

§  339-c.  Prohibits  sale  of  food  kept  in  cold  storage 
without  representing  said  fact.  It  shall  be  a  violation 
of  the  provisions  of  this  article  to  sell  any  article  or 
articles  of  food  that  have  been  kept  in  cold  storage  or 
refrigeration,  without  representing  the  same  to  have 
been  so  kept. 

§  339-d.  Penalties.  Any  person  or  persons,  corpora- 
tion or  corporations,  or  officer  or  officers  thereof,  vio- 
lating any  of  the  provisions  of  this  article  shall  be 
guilty  of  a  misdemeanor.  The  conviction  of  any  cor- 
poration shall  not  operate  to  relieve  any  officer  or  of- 
ficers, agents  or  employees  of  such  corporation  from 
prosecution  under  the  provisions  of  this  article. 


ARTICLE  XVII 

Pasteur  institute  and  the  prevention  of  hydrophobia 

Section  340.  Persons  to  be  sent  to  Pasteur  institute,  and 
by  what  officers. 

341.  Transportation,  sustenance  and  treatment. 

342.  Charges  for  services  of  Pasteur  institute. 

343.  Inspection  of  the  institute. 

(Article  repealed  by  L.  1917,  ch.  110,  in  effect  March 
30,   1917.) 

ARTICLE  XVII-A 

Cleanliness  in  the  preparation-  and  service  of  food 

(Added  by  L.  1913,  ch.  552,  in  effect  Sept.  1,  1913; 

Section  343-a.  Cleanliness  in  the  preparation  and  service 

of  food. 
343-b.  Powers     of    the    state    commissioner     of 

health. 
343-c.  Penalties. 


Cleanliness  in  Prepakation  and  Service  of  Food  233 

§  343-a.  Cleanliness  in  the  preparation  and  service  of  Prepara- 
food.     A  person  or  corporation  engaged  in  the  prepara-  service    of 
tion  and  sale  of  food  in  any  hotel,  public  restaurant,  food 
public    dining-room,    dining-car    or    steamboat    in    this 
state   or   an   officer   of  any  public,   penal   or   charitable 
institution  in  this  state,  shall  not  use  in  the  prepara- 
tion  or   service   of   any   food  utensils,   dishes,   or   other 
containers  which  have  not  been  previously  cleansed  in 
a  sanitary  manner.     In  such  cleansing  the  use  of  water 
which   has  become  unsanitary  by  previous  use   is  pro- 
hibited. 

§  343-b.  Powers  of  the  state  commissioner  of  health,  inspec- 
The    state    commissioner    of    health    is    hereby    vested  Su°per.an' 
with  full  power  and  authority  to  inspect  and  supervise  vision 
all    public    places    in    this    state    above    enumerated    in 
which  food  is  prepared,  sold  or  served.     Such  commis- 
sioner or  his  duly  authorized  agents  or  employees  shall 
be  permitted  access  to  the  kitchens  of  all  hotels,  public  ^f^ance* 
restaurants,  public  dining-rooms,  dining-cars  and  steam-  and  in- 
boats  in  this  state  and  to  the  kitchens  of  all  public, 
penal  and  charitable  institutions  in  this  state  for  the 
purpose  of  ascertaining  whether  the  provisions  of  this 
article  are  being  observed  and  he  may  adopt  such  rules  regUia- 
and  regulations  as  may  be  determined  upon  from  time  tlons 
to  time  for  the  proper  enforcement  of  this  article.     The 
state  commissioner  of  health  may  appoint  and  designate 
from  time  to  time  persons  to  make  the  inspections  au-  InsPec- 

r  x  tors 

thorized  by  this  article. 

§  343-c.  Penalties.  Any  person  or  corporation,  or  offi-  Penalties 
cer  thereof,  violating  any  of  the  provisions  of  this  arti- 
cle shall  be  guilty  of  a  misdemeanor.  The  conviction  of 
any  corporation  shall  not  relieve  any  officer  or  officers, 
agents  or  employees  of  such  corporation  from  prosecu- 
tion under  the  provisions  of  this  article. 


234 


The  Public  Health  Manual 


ARTICLE  XVII -A* 

Suppression  of  certain  nuisances 
(Added  by  L.  1914,  ch.  365,  in  effect  April  14,  1914) 

Section  343-a.  Nuisance  denned. 

343-b.  Action  to  enjoin  nuisance. 
343-c.   Jurisdiction  and  procedure. 
343-d.  Trial  of  action. 

343-e.   Discontinuance  of  action;  substitution. 
343-f.   Costs. 

343-g.  Permanent  injunction. 
343-h.  Violation  of  injunction. 
343-i.    Effect    if    portion    of    article    unconstitu- 
tional. 


Houses  of 
prostitu- 
tion 

declared 
nuisance 


Action 
enjoin 
nuisance 


to 


§  343-a.f  Nuisance  defined.  For  the  purpose  of  this 
article  any  house,  building,  place  or  any  separate  part 
or  portion  thereof,  or  the  ground  itself,  in  or  upon 
which  assignation  or  prostitution  is  conducted,  practiced, 
permitted,  carried  on  or  exists  is  declared  a  nuisance, 
and  whoever  knowingly  shall  erect,  establish,  permit, 
continue,  maintain,  own,  lease  or  sublease  any  house, 
building,  erection,  place  or  any  separate  part  or  portion 
thereof,  used  for  such  purposes,  shall  be  guilty  of  main- 
taining a  nuisance. 

§  34)3^4  Action  to  enjoin  nuisance.  When  a  nuisance 
is  created,  conducted,  kept,  maintained,  permitted  or 
exists  in  any  county,  the  district  attorney  of  the  county, 
any  taxpayer  residing  in  the  immediate  neighborhood  of 
the  alleged  nuisance,  or  any  domestic  corporation  organ- 
ized for  the  suppression  of  vice,  subject  to  or  which 
submits  to  visitation  by  the  state  board  of  charities,  and 
possesses  a  certificate  from  such  board  of  such  fact  and 


*  Two  articles  have  been  numbered  XVII- a  by  the  Legislature 
t  Two  sections  have  been  numbered  343-a  by  the  Legislature 
J  Two  sections  have  been  numbered  343-b  by  the  Legislature 


Suppression  of  Certain  Nuisances  23 

of  conformity  with  its  regulations,  may  maintain  an 
action  in  the  name  of  the  people  of  the  state  of  New 
York,  upon  the  relation  of  such  taxpayer,  corporation 
or  district  attorney,  to  perpetually  enjoin  such  nuisance 
by  any  owner,  agent,  lessee,  occupant  or  employee,  of 
the  house,  building,  erection,  place  or  any  separate  part 
or  portion  thereof  or  ground,  in  or  upon  which  such 
nuisance  is  alleged  to  be  conducted,  kept,  permitted  or 
exists. 

§  343-c.f  Jurisdiction  and  procedure.  Such  action  shall  Jurisdic- 
be  brought  in  the  supreme  court  of  the  county  in  which  pro. 
the-  property  is  situated.  At  or  before  the  commence-  cedure 
ment  of  the  action  a  complaint  alleging  the  facts  con- 
stituting the  nuisance  shall  be  filed  in  the  office  of  the 
clerk  of  the  county,  together  with  a  notice  of  the  pend- 
ency of  the  action,  containing  the  names  of  the  parties, 
the  object  of  the  action  and  a  brief  description  of  the 
property  affected  thereby.  Such  notice  shall  be  imme- 
diately recorded  by  the  clerk  in  accordance  with  the 
provisions  of  section  sixteen  hundred  and  seventy-two 
of  the  code  of  civil  procedure.  After  the  filing  of  the 
complaint,  application  for  a  temporary  injunction  may 
be  made  to  the  supreme  court  or  a  judge  thereof  who 
shall  grant  a  hearing  thereon  if  satisfied  of  the  good 
faith  of  the  application  and  shall  direct  the  service 
upon  the  owner,  agent  or  occupant  of  the  property  in 
or  upon  which  a  nuisance  is  alleged  to  exist,  of  a  copy 
of  the  complaint,  together  with  a  notice  of  the  time  and 
place  of  the  hearing  of  the  application.  Such  notice 
shall  be  served  at  least  five  days  before  the  hearing.  If  Hearing 
the  hearing  be  continued  at  the  instance  of  the  defend- 
ant, a  temporary  injunction  restraining  any  person 
from  continuing  such  nuisance  shall  issue  as  a  matter  of 
course.  If  upon  the  hearing,  the  allegations  be  sus- 
tained to  the  satisfaction  of  the  court  or  judge,   such 


"!"  Two  sections  have  been  numbered  343-c  by  the  Legislature 


236 


The  Public  Health  Manual 


court  or  judge  shall  issue  a  temporary  injunction,  with- 
out bond,  restraining  any  person  from  continuing  the 
nuisance. 

§  343-d.  Trial  of  action.  The  action  for  the  permanent 
injunction  shall  be  triable  at  the  term  of  the  supreme 
court  immediately  following  the  issuance  of  the  tem- 
porary injunction  as  provided  in  this  article.  In  such 
action  evidence  of  the  common  fame  and  general  reputa- 
tion of  the  place,  of  the  inmates  thereof,  or  of  those 
resorting  thereto,  shall  be  competent  evidence  to  prove 
the  existence  of  the  nuisance.  An  admission  or  finding 
of  guilt  of  any  person  of  a  violation  of  section  eleven 
hundred  and  forty- six  of  the  penal  law  at  such  place 
shall  be  presumptive  evidence  of  the  nuisance. 

§  343-e.  Discontinuance  of  action;  substitution.  If 
the  action  be  commenced  by  a  taxpayer  it  shall  not  be 
discontinued,  except  upon  the  sworn  statement  of  the 
relator,  or  his  attorney,  stating  the  reason  why  the 
action  should  be  discontinued,  and  no  application  for 
discontinuance  shall  be  granted  nor  shall  the  action  be 
dismissed  upon  default,  unless  approved  in  writing  or 
in  open  court  by  the '  district  attorney  of  the  county 
wherein  the  action  is  pending.  If  the  court  rejects  the 
application  for  discontinuance,  it  shall  direct  the  district 
attorney  to  prosecute  such  action  to  judgment.  If  any 
such  action  be  continued  more  than  one  term  of  court, 
any  taxpayer  or  the  district  attorney  of  the  county 
wherein  the  action  is  pending  may,  on  order  of  the  court, 
be  substituted  for  the  relator,  and  prosecute  such 
action  to  judgment. 

§  343-f.  Costs.  If  the  action  be  brought  by  a  tax- 
payer or  a  corporation  and  the  court  finds  that  there 
were  no  reasonable  grounds  for  such  action,  the  costs 
thereof  shall  be  taxed  against  the  relator. 

§  343-g.  Permanent  injunction.  If  the  existence  of 
the  nuisance  be  established  upon  the  trial,  a  judgment 
shall  be  entered  which  shall  permanently  and  perpetually 


/Regulation  of  Certain  Contagious  Diseases  237 

enjoin  the  defendant  or  defendants  and  any  other  owner, 
agent,  lessee,  occupant  or  employee  from  conducting, 
keeping,  maintaining,  permitting  or  continuing  the 
nuisance  complained  of  on  the  premises  in  or  on  which 
the  nuisance  was  maintained. 

§    343-h.   Violation   of  injunction.     A  violation   of   a  violation 
judgment  entered  under  this  article  shall  constitute  a  °un(!"ion 
contempt  of  court  punishable  by  imprisonment  for  not 
less  than  ten  days  nor  more  than  twelve  months. 

If  there  be  a  violation  of  such  judgment,  an  order 
shall  issue  directing  the  closing  and  vacating  of  the 
premises  and  enjoining  the  use  thereof  for  not  less  than 
thirty  days  nor  more  than  one  year  from  the  entry  of 
the  order  and  the  court  or  judge  shall  direct  the  sheriff 
to  enforce  such  order  and  shall  allow  him  a  reasonable 
fee,  which  shall  be  a  lien  upon  the  premises.  A  person 
who  breaks,  enters  or  uses  any  house,  building,  erection, 
place  or  any  separate  part  or  portion  thereof,  or  ground 
vacated  or  closed  in  accordance  with  this  article,  except 
for  the  purpose  of  removing  personal  property  and  trade 
fixtures  owned  by  or  mortgaged  to  such  person,  or  the 
corporation,  association,  or  partnership  represented  by 
such  person,  shall  be  guilty  of  contempt  of  court  punish- 
able as  provided  in  this  section. 

§  343-i.  Effect  if  portion  of  article  unconstitutional,  constitu- 
If  any  part  of  this  article  be  held  unconstitutional  the 
constitutionality  of  the  other  parts  thereof  shall  not  be 
affected  or  impaired. 

ARTICLE   XVII-B 

Regulation  of  certain  contagious  diseases* 
(Added  by  L.   1918,  ch.  264,  in  effect  April  17,   1918) 
Section  343-m.  Suspected  persons. 

343-n.    Convicted  persons. 

343-o.    Treatment  required. 

*  See  Chap.  342,  Laws  of  1918,  p.  301,  establishing  a  bureau  of 
venereal  diseases 


tionality 


238 


The  Public  Health  Manual 


Sus- 
pected 

persons 


Medical 
examina- 
tion   by 
health 
officer   or 
other 
physician 


Order     re- 
straining 
examina- 
tion 


Section  343-p.    Free  treatment  for  indigent  persons. 

343-q.    Treatment  only  by  physicians  or  on  their 

prescriptions. 
343-r.     Reports  and  information  confidential. 
343-s.    Penalties. 
343-t.    Definitions. 

§  343-m.  Suspected  persons.  Whenever  the  board  of 
health  or  health  officer  of  a  health  district  shall  have 
reasonable  ground  to  believe  that  any  person  within  the 
jurisdiction  of  such  board  or  health  officer  is  suffering 
from,  or  infected  with,  any  infectious  venereal  disease 
and  is  likely  to  infect  or  to  be  the  source  of  infec- 
tion of  any  other  person,  such  board  of  health  or  health 
officer  shall  cause  a  medical  examination  to  be  made  of 
such  person,  for  the  purpose  of  ascertaining  whether  or 
not  such  person  is  in  fact  suffering  from,  or  infected 
with,  such  disease,  and  every  such  person  shall  submit 
to  such  examination  and  permit  such  specimens  of 
blood  or  bodily  discharges  to  be  taken  for  laboratory 
examinations  as  may  be  necessary  to  establish  the 
presence  or  absence  of  such  disease  or  infection,  pro- 
vided, that  the  required  examination  shall  be  made  by 
the  health  officer,  or,  at  the  option  of  the  person  to  be 
examined,  by  a  licensed  physician  who,  in  the  opinion 
of  the  health  officer,  is  qualified  for  this  work  and  is 
approved  by  him,  and  such  licensed  physician  making, 
such  examination  shall  report  thereon  to  the  board  of 
health,  health  department  or  health  officer,  but  shall 
not  issue  a  certiiica/te  of  freedom  from  venereal  disease 
to  or  for  the  person  examined.  Such  suspected  person 
may  apply  to  a  magistrate  for  an  order  restraining 
such  examination  and  no  examination  shall  then  be 
made  except  upon  order  of  such  magistrate.  Before 
such  examination  each  suspected  person  shall  be  in- 
formed of  this  right  and  be  given  an  opportunity  to 
avail  himself  or  herself  thereof. 


Regulation  of  Certain  Contagious  Diseases  239 

§  343-n.  Convicted  persons.     Every  person  convicted  Convicted 
of  vagrancy  under  subdivision  three  or  four  of  section  reported 
eight  hundred  and  eighty-seven  of  the  code  of  criminal  author-11 
procedure*   or  under   section  one  hundred  and  fifty  of  ties  for 

examina- 

the  tenement  house  lawj  or  under  any  statute  or  ordi-  tion 
nance  for  any  offense  of  the  nature  specified  in  sub- 
division four  of  section  eight  hundred  and  eighty-seven 
of  the  code  of  criminal  procedure,  or  any  person  con- 
victed of  frequenting  disorderly  houses  or  houses  of 
prostitution,  shall  be  reported  by  the  court  or  magis- 
trate before  whom  such  conviction  is  had  to  the  board 
of  health  or  health  officer  of  the  health  district  in 
which  the  offense  occurred,  and  shall  not  be  released 
from  the  jurisdiction  of  such  court  or  magistrate  until 
the  person  so  convicted  has  been  examined  as  provided 
for  in  the  preceding  section. 

§  343-o.  Treatment  required.  Every  person  who,  by  infected 
the  examination  as  provided  for  in  section  three  hun-  conform 
dred  and  forty-three-m,  is  found  to  be  suffering  from,  t0    rules 

J  '  °  and     regu- 

or  infected  with  any  infectious  venereal  disease,   shall  lations 
be  required  by  the  board  of  health,  or  the  health  officer 
of  the  district  in  which  such  person  resides,  to  conform 
to  all  the  rules  and  regulations  made  and  approved  by 
such  board   of  health   or  health   officer  for  persons  so 
diseased,   such  rules  and  regulations,  except  as  to   the 
city  of  New  York,  to  be  first   approved  by  the   state  Rules   and 
department  of  health.     Such  rules  and  regulations  shall  tions 
provide  that  such  person  shall  submit  to  a  prescribed  approved 
course  of  treatment  by  a  duly  licensed  physician,  en-  depart- 
gaged  by  the  infected  person,  who  has  been  approved  health 
by  such  board  of  health,  health  officer  or  the  state  de- 
partment of  health.     Such  rules   and   regulations  may  Treat- 
provide  for  the  isolation  and  treatment  of  persons  so  Squired 
infected  and  the  local  board  or  health  officer  shall  in 
that  case  define  the  place  and  limits  of  the  area  within 


*  See  page  399 
t  See  page  542 


240 


The  Public  Health  Manual 


Isolation 
may  be 
required 


Free 
treat- 
ment    for 
indigent 
persons,    at 
expense    of 
district 


Treat- 
ment  tonly 
by    li- 
censed 
phy- 
sicians    or 
on    their 
prescrip- 
tions 

Prescrip- 
tion   re- 
tained    and 
filled    but 

once 

Reports 
and     in- 
formation 
confidential 


Penalties 


which  such  person  shall  be  isolated,  and  the  conditions 
under  which  such  isolation  and  treatment  shall  be  termi- 
nated. Any  of  such  rules  and  regulations  may  be  re- 
viewed in  the  courts  and  tested  as  to  reasonableness  in 
a  proceeding  instituted  by  any  person  directed  to  con- 
form therewith  pursuant  to  this  article. 

§  343-p.  Free  treatment  for  indigent  persons.  Any 
person  who  is  suffering  from  a  venereal  disease  in  an 
infectious  stage  and  who  is  unable  to  pay  for  treat- 
ment may  make  application  for  care  and  treatment  to 
the  board  of  health  of  the  health  district  in  which  such 
person  resides  and  such  board  shall  promptly  institute 
treatment.  If  such  board  or  health  officer  after  investi- 
gation finds  that  such  person  is  in  fact  unable  to  pay 
for  such  treatment,  such  treatment  shall  be  continued 
for  such  perseon  without  cost  at  the  expense  of  the  said 
district. 

§  343-q.  Treatment  only  by  physicians  or  on  their 
prescriptions.  No  person,  other  than  a  licensed  physi- 
cian, shall  treat  or  prescribe  for  a  case  of  venereal 
disease,  or  dispense  a  drug,  medicine  or  remedy  for  the 
treatment  of  such  a  disease  except  on  prescription  of 
a  duly  licensed  physician.  Such  prescription  shall  be 
retained  by  the  person  dispensing  such  drug,  medicine 
or  remedy,  and  no  copy  of  such  prescription  shall  be 
made  by  or  delivered  to  any  person,  and  such  prescrip- 
tion shall  be  filled  but  once. 

§  343-r.  Reports  and  information  confidential.  All 
reports  or  information  secured  by  a  board  of  health  or 
health  officer  under  the  .provisions  of  this  article  shall 
be  absolutely  confidential  except  in  so  far  as  is  neces- 
sary to  carry  out  the  purposes  of  the  article. 

§  343-s.  Penalties.  Any  person  .who  shall  violate  any 
of  the  provisions  of  this  article  or  any  rule  or  regula- 
tion made  and  approved  under  the  provisions  of  section 
three  hundred  and  forty-three-o  shall  be  guilty  of  a 
misdemeanor.     Any    person    who,    knowing   himself    or 


State    Institute  foe  Study  of  Malignant  Disease  241 

herself  to  be  infected  with  venereal  disease,  such  as 
chancroid,  gonorrhea  or  syphilis,  in  any  of  the  varia- 
tions or  stages  of  such  diseases,  has  sexual  intercourse 
with  a  person  in  the  military  or  naval  service  of  the 
state  or  of  the  United  States  shall  be  guilty  of  a  felony. 

§  343-t.  Definitions.     The  term  "health  district"   as  "Health 

used  in  this  article  shall  mean  a  city,  town,  village  or  district " 

J  •  °  defined 

consolidated  health  district  having  a  separate  board  of 

health, 

ARTICLE  XVIII 

State  institute  for  the  study  of  malignant  disease 

(Added  by  L.  1911,  ch.  128,  in  effect  May  10,  1911) 

Section  344.  Establishment  of  institute. 

345.  Management  and  control;  board  of  trustees. 

346.  Objects  and  purposes  of  the  institute. 

347.  Director  of  the  institute. 

§    344.    Establishment    of   institute.     There   shall   be  gtate  In_ 
established   in  the  city  of  Buffalo  an  institute,  to  be  f,titu*t  for 

J  '  the   Study 

known  as  the  state  institute  for  the  study  of  malignant  of  Maiig- 
disease,    for   the   objects   and   purposes   hereinafter    set  disease 
forth. 

§   345.  Management  and  control;   board  of  trustees.  Manage- 
The  general  management  and  control  of  said  institute  J^mtroi"1 
shall  be  vested  in  a  board  of  trustees  consisting  of  seven 
members,  one  of  whom  shall  be  the  state  commissioner 
of  health,  ex  officio.     The  remaining  members  shall,  as 
often  as  the  positions  of  the  several  original  members 
constituted  by  the  act  of  which  this  article  is  a  part, 
become  vacant,  be  appointed  by  and  may  be  removed  at 
the  pleasure  of  the  governor.     Said  trustees  shall  serve  Board  of 
without  compensation,  and  said  board  shall  meet  quar-  trustees 
terly  and  shall  hold  an  annual  meeting  in  November  to 
receive  the  annual  report  of  the  director  and  to  prepare 
for  transmission  to  the  legislature  its  report  upon  the 
work  of  the  preceding  year.     The  board  shall  audit  the 


242 


The  Public  Health  Manual 


Objects 
and    pur- 
poses   of 

institute 


Gifts    to 
institute 


Director    of 

institute 


annual  expenses  of  the  institute  and  appoint  the 
director.  The  board  of  trustees  shall,  within  the  limits 
of  the  annual  appropriation  made  therefor,  fix  all  sal- 
aries of  officers  and  employees  of  the  institute  and 
authorize  all  disbursements.  The  board  may  meet  any 
time  on  the  call  of  the  chairman  and  shall  be  allowed 
necessary  traveling  expenses  in  attending  the  fixed 
meetings  or  any  special  meetings.  At  least  two  of  the 
trustees  shall  be  residents  of  Buffalo  or  vicinity  and  one 
of  them  shall  be  a  member  of  the  medical  faculty  or  of 
the  council  of  the  university  of  Buffalo. 

§  346.  Objects  and  purposes  of  the  institute;  gifts  to 
institute  in  aid  thereof.  The  institute  shall  conduct 
investigations  into  the  cause,  nature,  mortality  rate, 
treatment,  prevention  and  cure  of  cancer  and  allied 
diseases,  and  may  receive  in  its  hospital  for  study, 
experimental  or  other  treatment,  cases  of  cancer  and 
allied  diseases  free  of  charge.  It  shall  publish  from 
time  to  time  the  results  of  its  investigations  for  the 
benefit  of  humanity  and  shall  from  time  to  time  collect 
its  publications  into  the  form  of  a  scientific  report. for 
distribution  to  scientific  bodies  and  to  medical  scientists 
and  qualified  members  of  the  medical  profession.  The 
direction  of  research  work  in  whole  or  in  part  toward 
malignant  diseases  other  than  cancer  shall  not  be  a  vio- 
lation of  the  conditions  *of  the  grants  made  under  the 
provisions  of  which  this  article  is  a  part.  The  institute 
may  receive  gifts,  legacies  and  bequests,  and  use  the 
same  in  such  manner  as  the  board  of  trustees  may  deter- 
mine for  the  advancement  of  its  objects  and  purposes. 
(Am'd  by  L.  1913,  ch.  91,  in  effect  March  20,  1913.) 

§  347.  Director  of  the  institute.  A  director  of  the 
institute  shall  be  appointed  by  the  board  of  trustees  and 
shall  serve  until  his  successor  shall  have  been  duly 
appointed  and  qualified.  He  shall  be  a  trained  scientist 
and  shall  have  sole  executive  direction  of  the  work  of 
the  institute.    He  shall  appoint  all  members  of  the  staff, 


State  Institute  for  Study  of  Malignant  Disease  243 

subject  to  the  approval  of  the  board  of  trustees,  and  he 
shall  appoint  and  dismiss  at  will  all  other  employees  of 
the  institute. 

§  2.  The  sum  of  sixty-five  thousand  dollars  ( $65,000 ) ,  Appropria- 
or  so  much  thereof  as  may  be  needed,  is  hereby  appro-  building 
priated  out  of  any  money  in  the  treasury  not  otherwise  ancl  ^un- 
appropriated, for  the  purpose  of  constructing  and  equip- 
ping a  suitable  building  for  a  state  hospital  for  research 
purposes,  as  hereinafter  particularly  described,  upon 
ground  adjoining  the  Gratwick  laboratory  at  Buffalo, 
New  York;  such  hospital  and  the  Gratwick  laboratory 
building  shall  be  used  by  and  for  the  state  institute  for 
the  study  of  malignant  disease,  established  by  article 
eighteen  of  the  public  health  law,  as  added  by  this  act, 
•  but  the  laboratory  building  shall  continue  to  be  known 
as  the  Gratwick  laboratory.  Before  any  part  of  such 
appropriation  shall  be  or  become  available,  the  land  on 
which  the  hospital  building  provided  for  in  this  act  is 
to  stand,  consisting  of  the  plot  adjoining  the  Gratwick 
laboratory  on  the  -west,  extending  about  one  hundred  and 
fifty  feet  to  the  corner  of  Oak  street,  with  a  depth  of 
about  one  hundred  and  seventy-nine  feet,  shall  be  con- 
veyed to  the  people  of  the  state  by  the  owners  thereof, 
and  the  conveyance  approved  as  to  form  and  manner  of 
execution  by  the  attorney -general ;  and  the  land  upon 
which  the  Gratwick  laboratory  stands,  together  with  the 
building  thereon,  and  all  of  its  appointments  and  equip- 
ment (heretofore  for  the  purpose  of  medical  research 
provided  for  the  use  of  the  state  by  Mrs.  William  H. 
Gratwick  of  Buffalo,  New  York),  shall  be  by  like  deed, 
similarly  approved,  conveyed  to  the  people  of  the  state. 
The  deeds  may  contain  a  condition  that  the  grant  is 
made  subject  to  the  agreement  on  the  part  of  the  state 
that  there  shall  be  thereafter  maintained  thereon  an 
institute  for  the  study  of  malignant  and  allied  diseases, 
according  to  the  provisions  of  this  act  and  that  upon  the 
determination  by  the  legislature  that  such  institute  shall 


244  The  Public  Health  Manual 

be  no  longer  maintained  at  the  expense  of  the  state,  all 
of  such  land  with  all  buildings  and  improvements  thereon 
and  equipment  therein  shall  revert  to  the  university  of 
Buffalo,  its  successors  or  assigns,  but  in  that  case  such 
reversion  to  the  university  of  Buffalo  shall  not  include 
the  hospital  building  except  upon  the  payment  by  the 
university  of  Buffalo  to  the  state  of  the  then  duly 
appraised  value  of  the  hospital  building. 
Board  of  §  3.  The  original  members,  other  than  the  state  corn- 

trustees,        missioner  of  health,  of  the  board  of  trustees  of  the  state 

member-  ' 

ship  institute  for  the  study  of  malignant  disease,  as  estab- 

lished by  section  three  hundred  and  forty-four  of  the 
public  health  law,  as  added  by  this  act,  shall  be  the  fol- 
lowing persons:  Roswell  Park,  M.  D.,  Buffalo,  who  shall 
be  chairman ;  William  H.  Gratwick,  Buffalo ;  Charles  • 
Gary,  M.  D.,  Buffalo;  John  G.  Milburn,  New  York; 
Frederick  C.  Stevens,  Attica,  New  York;  Charles  S. 
Fairchild,  New  York. 

§  4.  The  amount  hereby  appropriated  shall  be  paid  by 
the  treasurer  upon  the  warrant  of  the  comptroller  upon 
vouchers  approved  as  hereinafter  provided.  The  plans 
and  specifications  for  the  building  herein  provided  for 
shall  be  prepared  or  approved  by  the  state  architect  and 
he  may,  with  the  approval  of  the  board  of  trustees  of 
the  institute,  employ  an  architect  or  architects  to  pre- 
pare the  plans  and  specifications  and  to  locally  supervise 
the  work  of  construction  herein  provided.  All  plans 
and  specifications  shall  be  subject  to  the  approval  of  the 
director  of  said  institute,  appointed  as  provided  by  sec- 
tion three  hundred  and  forty-seven  of  the  public  health 
law,  as  added  by  this  act,  and  of  its  board  of  trustees. 
The  work  under  this  act  shall  be  done  by  contract  except 
work  which  in  the  opinion  of  the  comptroller  and  the 
state  architect  can  be  done  in  whole  or  in  part  more 
advantageously  by  the  employment  of  labor  and  the 
purchase  of  material  in  the  open  market.  All  expendi- 
tures under  this  act  shall  be  made  in  pursuance  of  the 


Operations  for  Prevention  of  Procreation  245 

estimates  or  pursuant  to  contracts  the  form  of  which 
ehall  be  prescribed  by  the  state  architect.    The  estimates 
shall  be  made  to  the  comptroller  in  the  usual  form  by 
the  board  of  trustees  of  said  institute.    Where  the  work 
estimated  for  is  upon  drawings  and  specifications  of  the 
state   architect,   the   estimates   shall  be   subject  to  his 
approval  also.    No  item  of  such  appropriation  shall  be 
available  except  for  necessary  advertising  and  the  prepa- 
ration  of   plans  until  a   contract  or   contracts  for  the 
completion   of   the   structure   authorized   to   be   erected 
within  the  appropriation  shall  be  made.     All  contracts 
greater  in  amount  than  one  thousand  dollars  shall  have 
the  performance  thereof  secured  by  a  sufficient  bond  or 
bonds  to  be  approved  by  and  filed  with  the  comptroller. 
In  the  case  of  any  Work  which  shall  amount  to  less  than 
one  thousand  dollars  covered  by  contract,  no  surety  bond 
shall  be  required,  provided  payment  is  to  be  made  only 
after  the  work  has  been  satisfactorily  completed.     All 
payments  on  contracts  shall  be  made  on  the  certificate 
of' the  state  architect  and  the  voucher  of  the  board  of 
trustees  of  said  institute  after  audit  of  the  state  comp- 
troller. 

ARTICLE   XIX 

Operations  for  the  prevention  of  procreation 
(Added  by  L.  1912,  ch.  445,  in  effect  April  16,  1912) 
Section  350.  Board  of  examiners;  compensation  and  ex- 
penses. 

351.  General  powers  and   duties   of   the  board; 

persons  to  be  operated  upon. 

352.  Appointment   of   counsel   to   persons   to   be 

operated  upon. 

353.  Unauthorized  and  illegal  operations. 

§  350.  Board  of  examiners;  compensation  and  expenses.  examiners 
Immediately  after  the  passage  of  this  act,  the  governor  «***- 
shall  appoint  one  surgeon,  one  neurologist  and  one  prac-  criminals 


other 


titioner    of    medicine,    each    with    at    least    ten    years   defectives 


246 


The  Public  Health  Manual 


Examina- 
tions 


experience  in  the  actual  practice  of  his  profession,  for 
a  term  of  five  years,  to  be  known  as  the  board  of  exam- 
iners of  feeble-minded,  criminals  and  other  defectives, 
which  board  is  hereby  created.  The  compensation  of  the 
members  of  such  board  shall  be  ten  dollars  per  diem  for 
each  day  actually  engaged  in  the  performance  of  the 
duties  of  the  board,  and  their  actual  and  necessary 
traveling  expenses.  Any  vacancies  occurring  in  said 
board  shall  be  filled  by  appointment  of  the  governor  for 
the  unexpired  term. 

§  351.  General  powers  «ind  duties  of  the  board;  per- 
sons to  be  operated  upon.     It  shall  be  the  duty  of  the 
said  board  to  examine  into  the  mental  and  physical  con- 
dition and  the  record  and  family  history  of  the  feeble- 
minded, epileptic,  criminal  and  other  defective  inmates 
confined  in  the  several  state  hospitals  for  the  insane, 
state   prisons,   reformatories   and   charitable   and  penal 
institutions  in  the  state,  and  if  in  the  judgment  of  the 
majority  of  said  board  procreation  by  any  such  person 
would  produce  children  with  an  inherited  tendency  to 
crime,  insanity,  feeble-mindedness,  idiocy  or  imbecility 
and  there  is  no  probability  that  the  condition  of  any 
such  person  so  examined  will  improve  to  such  an  extent 
as  to  render  procreation  by  any  such  person  advisable, 
or  if  the  physical  or  mental  condition  of  any  such  person 
will  be  substantially  improved  thereby,  then  said  board 
shall  appoint  one  of  its  members  to  perform  such  opera- 
of^procrea-  tion  for  the  prevention  of  procreation  as  shall  be  decided 
by  said  board  to  be  most  effective. 

The  criminals  who  shall  come  within  the  operation  of 
this  law  shall  be  those  who  have  been  convicted  of  the 
crime  of  rape  or  such  succession  of  offenses  against  the 
criminal  law  as  in  the  opinion  of  the  board  shall  be 
deemed  to  be  sufficient  evidence  of  confirmed  criminal 
tendencies. 

§  352.  Appointment  of  counsel  to  person  to  be  oper- 
ated upon.     The  board  of  examiners  shall  apply  to  anj 


Opera- 
tions for 
prevention 


Persons  to 
be  operated 
upon 


Operations  foe  Prevention  of  Procreation  247 


judge  of  the  supreme  court  or  county  judge  of  the  county  Appoint- 
ment of 
counsel    to 


in  which  said  person  is  confined,  for  the  appointment  of 


counsel  to  represent  the  person  to  be  examined.     Said  Person 
counsel  to  act  at  a  hearing  before  the  judge  and  in  any  operated 
subsequent  proceedings  and  no  order  made  by  said  board  upon 
shall  become  effective  until  five  days  after  it  shall  have 
been  filed  with  the  clerk  of  the  court  and  a  copy  shall 
have  been  served  upon  the  counsel  appointed  to  represent 
the  person  examined  and  proof  of  service  of  said  copy 
of  the  order  to  be  filed  with  the  clerk  of  the  court.     All  orders 
orders  made  under  the  provisions  of  this  act  shall  be  review 
subject  to  review  by  the  supreme  court  or  any  justice 
thereof,  and  said  court  may  upon  appeal  from  any  order 
grant  a  stay  which  shall  be  effective  until  such  appeal 
shall  have  been  decided.    The  judge  of  the  court  appoint- 
ing any  counsel  under  this  act  may  fix  the  compensation 
to  be  paid  him.     No  surgeon  performing  an  operation  surgeon 
under  the  provisions  of  this  act  shall  be  held  to  account  £°jd  t0   b 
therefor.     The   record   taken  upon   the   examination   of  account 
every  such  inmate  signed  by  the  said  board  of  examiners 
ehall  be  preserved  by  the  institution  where  said  inmate 
is  confined  and  one  year  after  the  performance  of  the 
operation   the    superintendent    or    other    administrative 
officer  of   the  institution  wherein   such  inmate   is  con-  Records    to 
fined  shall  report  to  the  board  of  examiners  the  condi- 
tion of  the  inmate  and  the  effect  of  such  operation  upon 
such  inmate,  and  a  copy  of  the  report  shall  be  filed  with 
the  record  of  the  examination. 

§  353.  Unauthorized  and  illegal  operations.    Except  as  unauthor- 
authorized  by  this  act,  every  person  who  shall  perform,  fJegai" 
encourage,  assist  in  or  otherwise  permit  the  performance  operations 

°  '  •*■  .  misde- 

of  the  operation  for  the  purpose  of  destroying  the  power  meanor 
to  procreate  the  human  species  or  any  person  who  shall 
knowingly  permit  such  operation  to  be  performed  upon 
such  person  unless  the  same  shall  be  a  medical  necessity, 
shall  be  guilty  of  a  misdemeanor. 


248 


The  Public  Health  Manual 


ARTICLE  XX 

Sanitary  conditions  in  hotels 
(Added  by  L.  1913,  ch.  630,  in  effect  Sept.  1,  1913) 

Section  354.  Sewers  and  drainage. 

355.  Bedding,  sheets  and  towels. 

356.  Violation  a  misdemeanor.     Enforcement. 


Hotels, 
sewers 
drainage 


Bedding, 
sheets    and 
towels 


Minimum 
length  of 
sheets 


Enforce- 
ment 


§  354.  Sewers  and  drainage.  Every  hotel  in  this  state 
and  shall  be  well  drained  and  ventilated  and  every  hotel  con- 
nected with  a  cesspool  or  located  in  any  city  or  village 
having  a  sewer  system  shall  be  well  ventilated,  drained, 
plumbed,  and  connected  according  to  sanitary  principles 
with  such  cesspool  or  sewer  system,  and  shall  be  kept 
free  from  effluvia  arising  from  sewer,  drain,  water  closet 
or  other  source  within  the  control  of  the  owner,  man- 
ager, agent  or  other  person  in  charge  of  said  hotel. 

§  355.  Bedding,  sheets  and  towels.  Every  hotel  in  this 
state  shall  furnish  each  guest  with  clean  linen  or  cotton 
individual  towels  in  each  room  occupied  by  such  guest, 
and  also  in  the  public  .lavatories  and  washrooms  of  such 
hotel,  and  with  clean  sheets  and  pillow  slips  for  the 
bed,  bunk,  or  cot  to  be  occupied  by  such  guest.  Each 
sheet  used  shall  be  ninety-one  inches  long,  minimum 
length  after  being  hemmed  and  laundered,  and  of  suffi- 
cient width  to  completely  cover  the  mattress  and  springs, 
and  all  sheets  and  pillow  slips  after  being  used  by  one 
guest  must  be  washed,  ironed  and  dried  before  being  fur- 
nished to  another  guest. 

§  356.  Violation  a  misdemeanor.  Enforcement.  All 
departments  of  health  and  the  commissioner  or  commis- 
sioners thereof  shall  have  power  to  enforce  the  provi- 
sions of  this  article.  The  commissioners  of  health  and 
the  respective  local  boards  of  health  and  any  person  au- 
thorized by  either  of  them  so  to  do,  may  enter  any  hotel 
or  any  part  thereof  at  any  reasonable  time  to  inspect 


Vital  (Statistics  249 

and  examine  the  same,  to  determine  whether  or  not  the 
laws  relating  to  hotels  are  being  complied  with.     Any  Violation 
hotel  proprietor  or  manager  violating  any  of  the  pro-  demeanor 
visions  of  this  article  is  guilty  of  a  misdemeanor.    This  Certain 
article  shall  not  apply  to  cities  having  a  population  of  ^ 
one  million  inhabitants  or  over. 

ARTICLE  XX* 

Vital  statistics 
(Added  by  L.  1913,  ch.  619,  in  effect  Jan.  1,  1914) 
Section  370.  Registration  of  births  and  deaths;  duties  of 
state  department  of  health. 

371.  Duties  of  state  commissioner  of  health  as 

to  vital  statistics. 

372.  Registration  districts. 

373.  Registrar  of  vital  statistics. 

374.  Correction  of  defective  registration. 

375.  Permits    for    burial    or    removal    of    dead 

bodies. 

376.  Registration  of  stillborn  children. 

377.  Certificate  of  death. 

378.  Registration    of    deaths    occurring    without 

medical  attendance. 

379.  Duties  of  undertaker. 

380.  Duties  of  undertakers ;  interment  within  the 

state. 

381.  Interments. 

382.  Registration  of  births. 

383.  Certificate  of  birth. 

384.  Registration  of  name  of  child  subsequent  to 

filing  of  birth  certificate. 

385.  Registration    of    physicians,    midwives    and 

undertakers. 


*  Two  articles  have  been  numbered  XX  by  the  Legislature 


250 


The  Public  Health  Manual 


Section  386.  Registration  of  persons  in  institutions. 

387.  Records  to  be  kept  by  state  commissioner  of 

health. 

388.  Certified  copies  of  birth  certificates  evidence 

of  age. 

389.  District  records  to  be  kept  by  registrar. 

390.  Fees  of  registrar. 

391.  Certified  copies   of   records;    state  commis- 

sioner of  health  to  furnish. 

392.  Penalties. 

393.  Enforcement. 

394.  Exemptions. 


Registra- 
tion   of 
births     and 
deaths 


Duties  of 
state  de- 
partment 
of    health 


Duties     of 
state     com- 
missioner 
of   health 


§  370.  Registration  of  births  and  deaths;  duties  of 
state  department  of  health.  The  state  department  of 
health  shall  have  charge  of  the  registration  of  births 
and  deaths,  shall  provide  the  necessary  instructions, 
forms  and  blanks  for  obtaining  and  preserving  such 
records,  and  shall  procure  the  faithful  registration  of 
the  same  in  each  primary  registration  district  as  con- 
stituted by  this  article  and  in  the  division  of  vital  sta- 
tistics at  the  capital  of  the  state.  The  said  department 
shall  be  charged  with  the  uniform  and  thorough  enforce- 
ment of  this  article  throughout  the  state  and  shall  from 
time  to  time  recommend  any  additional  legislation  that 
may  be  necessary  for  this  purpose.  The  public  health 
council  may  establish  such  rules  and  regulations  sup- 
plementary to  the  provisions  of  this  article  and  not  in- 
consistent therewith,  as  it  may  deem  necessary  from 
time  to  time,  in  relation  to  the  registration  of  births 
and  deaths.  Such  rules  and  regulations  shall  be  ob- 
served by  all  authorities  upon  whom  duties  are  imposed 
by  this  article  in  .  connection  with  the  registration  of 
births  and  deaths. 

§  371.  Duties  of  state  commissioner  of  health  as  to 
vital  statistics.  The  state  commissioner  of  health  shall 
have  general  supervision  of  the  division  of  vital  statis- 


Vital  Statistics  •  251 

tics  which   shall  be  established  by  the   department   of 
health,  and  which  shall  be  under  the  immediate  direc- 
tion of  a  director  to  be  appointed  by  the  commissioner, 
who  shall  possess   such  qualifications   as  may  be   pre- 
scribed by  the  public  health  council.     The  state  commis-  Director, 
sioner  of  health  shall  detail  to  the  division  of  vital  sta-  0f  vital 
tistics    such   clerical   and   other   assistants    as   may   be  statlstic* 
necessary  to  carry  into  effect  the  provisions  of  this  act. 
The  trustees  of  public  buildings  shall  provide  suitable 
offices  in  the  capitol  or  elsewhere  for  the  division  of  vital 
statistics,  which  shall  be  suitably  equipped  for  the  per- 
manent and  safe  preservation  of  all  records  received  or 
made  under  the  provisions  of  this  act.  .      . 

§  372.  Registration  districts.  The  state  shall  be  tion 
divided  into  registration  districts  as  follows:  Each  dlstricts 
city,  each  incorporated  village,  each  town,  and  each  state 
hospital,  charitable  or  penal  institution  shall  constitute 
a  primary  registration  district,  provided  that  the  state 
commissioner  of  health  may  combine  two  or  more 
primary  registration  districts  or  divide  one  registration 
district  into  two  or  more  primary  districts  to  facilitate 
registration.  (Am'd  by  L.  1917,  ch.  321,  in  effect 
May  2,   1917.) 

§  373.  Registrar  of  vital  statistics.    In  each  primary  Registrar 
registration    district    there    shall    be    a    registrar    of  °J  T*tal 

°  °  statistics 

vital    statistics.      Qualifications   of   registrars    of   vital 
statistics     hereafter     appointed     shall     be     prescribed 
by    the    public   health    council.     A    local   health    officer  Health 
shall    be    eligible     for     appointment    as    registrar     of  °Hgibie 
vital    statistics   and   if    so    appointed   and    if    receiving 
a    salary    equivalent    to    not    less    than      fifteen  cents 
per    year    per    inhabitant    of    such    registration    dis- 
trict,   he    shall    serve    as    registrar    of    vital    statistics 
without    additional    remuneration    therefor.     In    towns  Appoint- 
and     villages     the     registrar     or     registrars     of     vital  ment 


252 


The  Public  Health  Manual 


Institu- 
tions 


Term    of 
office 


Removal 

and 

penalties 


Deputy 


Subregis- 
trars 


statistics  shall  be  appointed  by  the  town  board  and  by 
the  village  board  of  trustees  respectively;  in  the  cities, 
unless  otherwise  provided  by  the  charter,  the  registrar 
or  registrars  of  vital  statistics  shall  be  appointed  by 
the  mayor.  In  each  primary  registration  district  con- 
sisting of  a  state  hospital,  charitable  or  penal  institu- 
tion, the  registrar  shall  be  the  superintendent  or  person 
in  charge  of  such  institution,  provided,  however,  that 
he  shall  receive  no  additional  remuneration  for  acting 
as  such  registrar.  The  term  of  office  of  a  registrar  of 
vital  statistics,  unless  the  charter  of  the  city  or  village 
shall  provide  otherwise,  shall  be  four  years.  Each  regis- 
trar of  vital  statistics  shall  hold  office  until  his  suc- 
cessor shall  have  been  appointed  and  shall  have  qualified. 
Any  registrar  of  vital  statistics  who  in  the  judgment 
of  the  state  commissioner  of  health  fails  or  neglects  to 
discharge  efficiently  the  duties  of  his  office  as  set  forth 
in  this  article,  or  to  make  prompt  and  complete  return 
of  births  and  deaths  as  required  thereby,  shall  be  forth- 
with removed  by  the  state  commissioner  of  health,  and 
such  other  penalties  may  be  imposed  as  are  provided  by 
this  article.  Each  registrar  of  vital  statistics  shall 
immediately  upon  his  acceptance  of  appointment  as 
such,  appoint  a  deputy  whose  duty  it  shall  be  to  act 
in  his  stead  in  case  of  his  absence  or  inability,  and  such 
deputy  shall  in  writing  accept  such  appointment  and  be 
subject  to  all  rules  and  regulations  governing  registrars. 
When  it  appears  necessary  for  the  convenience  of  the 
people  in  any  rural  district,  the  registrar  is  authorized, 
with  the  approval  of  the  state  commissioner  of  health, 
to  appoint  one  or  more  suitable  persons  to  act  as  sub- 
registrars,  who  shall  be  authorized  to  receive  birth  and 
death  certificates  and  to  issue  burial  or  removal  permits 
in  and  for  such  portions  of  the  district  as  may  be 
designated,  and  each  such  subregistrar  shall  note  on 
each  certificate  over  his  signature  the  date  of  filing  and 
shall  forward  all  certificates  to  the  local  registrar  of 


Vital  Statistics  253 

the  district  within  three  days,  and  in  all  eases  before  the 
third  day  of  the  following  month;  provided,  however, 
that  each  subregistrar  shall  be  subject  to  the  supervision 
and  control  of  the  state  commissioner  of  health  and 
may  be  by  him  removed  for  neglect  or  failure  to  per- 
form his  duty  in  accordance  with  the  provisions  of  this  Removal 
act  or  the  regulations  of  the  public  health  council,  and  penaities 
shall  be  subject  to  the  same  penalties  for  neglect  of 
duty  as  the  local  registrar.  (Am'd  by  L.  1917,  ch.  321, 
in  effect  May  2,  1917.) 

•  §  374.  Correction  of  defective  registration.    If  defects  correction 
be  found  in  the  registration  under  the  supervision  of  a  tfve  regis- 
registrar  of  vital  statistics,  the  state  commissioner  of  tratlon 
health  shall  notify  such  registrar  that  such  defects  must 
be  corrected  within  ten  days  of  the  date  of  the  notice.    If 
such  defects  are  not  so  corrected  the  state  commissioner 
of  health  shall  take  control  of  such  registration  and  of 
the  records  thereof,  and  enforce  the  rules  and  regula- 
tions in  regard  thereto  and  secure  a  complete  registra- 
tion in  such   district,  and  such  control  shall  continue 
until  the  registrar  of  vital  statistics  shall  satisfy  the 
commissioner  of  health  that  he  will  make  such  record 
and  registry  complete  as  required  by  law  and  by  the 
rules  and  regulations  of  the  public  health  council.     The  Expenses 
expenses  incurred  by  the  state  commissioner  of  health 
or  his  authorized  representative  while  in  control  of  such 
registration  shall  be  a  charge  upon  the  city,  town  or 
village  comprising  the  registration  district. 

§  375.  Permits  for  burial  or  removal  of  dead  bodies.  Permits 
The  body  of  any  person  whose  death  occurs  in  this  state  0r  re-m 
or  which  shall  be  found  dead  therein  shall  not  be  in-  mova-i  of 

dead 

terred,  deposited  in  a  vault  or  tomb,  cremated  or  other-  bodies 
wise  disposed  of  or  removed  from  or  into  any  registra- 
tion district,  or  be  temporarily  held  pending  further 
disposition  more  than  seventy-two  hours  after  death, 
unless  a  permit  for  burial,  removal,  or  other  disposition 
thereof  shall  have  been  properly  issued  by  the  registrar 


254 


The  Public  Health  Manual 


Registra- 
tion  of 
stillborn 
children 


Data    re- 
quired   on 
certificates 


Midwife 
not    to 
sign    cer- 
tificates 


of  vital  statistics  of  the  registration  district  in  which 
the  death  occurred  or  the  body  was  found.  No  such 
burial  or  removal  permit  shall  be  issued  by  any  regis- 
trar until,  wherever  practicable,  a  complete  and  satis- 
factory certificate  of  death  has  been  filed  with  him  as 
heretofore  provided;  provided  that  when  a  dead  body 
is  transported  from  outside  of  the  state  into  a  registra- 
tion district  in  this  state  for  burial,  the  transit  or  re- 
moval permit  issued  in  accordance  with  the  law  and 
health  regulations  of  the  place  where  the  death  occurred 
shall  be  given  the  same  force  and  effect  as  the  burial 
permit  herein  provided  for.  No  registrar  of  vital  sta- 
tistics shall  receive  any  fee  for  the  issuance  of  burial 
or  removal  permits  under  this  act  other  than  the  com- 
pensation provided  in  this  article.* 

§  376.  Registration  of  stillborn  children.  A  stillborn 
child  shall  be  registrated  as  a  birth  and  also  as  a  death, 
and  separate  certificates  of  both  the  birth  and  the  death 
shall  be  filed  with  the  registrar  of  vital  statistics  in 
the  usual  form  and  manner,  the  certificate  of  birth  to 
contain  in  place  of  the  name  of  the  child,  the  word 
"stillbirth;"  provided,  that  a  certificate  of  birth  and  a 
certificate  of  death  shall  not  be  required  for  a  child 
that  has  not  advanced  to  the  fifth  month  of  uterogesta- 
tion.  The  medical  certificate  of  the  cause  of  death  shall 
be  signed  by  the  attending  physician,  if  any,  and  shall 
state  the  cause  of  death  as  "  stillborn ",  with  the  cause 
cf  the  stillbirth,  if  known,  whether  a  premature  birth, 
and,  if  born  prematurely,  the  period  of  uterogestation, 
in  months,  if  known;  and  a  burial  or  removal  permit  of 
the  prescribed  form  shall  be  required.  Midwives  shall 
not  sign  certificates  of  death  for  stillborn  children;  but 
such  cases,  and  stillbirths  occurring  without  attendance 
of  either  physician  or  midwife  shall  be  treated  as  deaths 
without  medical  attendance,  as  hereinafter  provided  in 
this  article. 


*  See  §  390,  p.  267 


Vital  Statistics  2-35 

§  377.  Certificate  of  death.     The  certificate  of  death  Data  re- 
shall  contain  the  following  items,  which  are  hereby  de-  aeath 
clared  necessary  for  the  legal,  social  and  sanitary  pur-  certlficates 
poses  subserved  by  registration  records. 

1.  Place  of  death,  including  state,  county,  township, 
village  or  city.  If  in  a  city,  the  ward,  street  and  house 
number;  if  in  a  hospital  or  other  institution,  the  name 
of  the  same  to  be  given  instead  of  the  street  and  house 
number.  If  in  an  industrial  camp,  the  name  of  the 
camp  to  be  given. 

2.  Full  name  of  decedent.  If  an  unnamed  child,  the 
surname  preceded  by  "  unnamed  ". 

3.  Sex. 

4.  Color  or  race  —  as  white,  black,  mulatto  ( or  other 
negro  descent),  Indian,  Chinese,  Japanese,  or  other, 

5.  Conjugal  condition  —  as  single,  married,  widowed 
^r  divorced. 

8.  Date  of  birth,  including  the  year,  month,  and  day„ 

7.  Age,  in  years,  months  and  days.  If  less  than  one 
day,  the  hours  or  minutes. 

8.  Occupation.  The  occupation  to  be  reported  of  any 
person,  male  or  female,  who  had  any  remunerative  em- 
ployment, with  the  statement  of  trade,  profession,  or 
particular  kind  of  work;  general  nature  of  industry, 
business  or  establishment  in  which  engaged  or  employed. 

9.  Birthplace;  at  least  state  or  foreign  country,  if 
known. 

10.  Name  of  father. 

11.  Birthplace  of  father;  at  least  state  or  foreign 
country,  if  known. 

12.  Maiden  name  of  mother. 

.13!  Birthplace   of  mother;    at  least   state  or  foreign 
country,  if  known. 

14.  Signature  and  address  of  informant. 

15.  Official  signature  of  registrar,  with  the  date  when 
certificate  was  filed,  and  registered  number. 

16.  Date  of  death,  year,  month  and  day. 


256  The  Public  Health  Manual 

17.  Certification  as  to  medical  attendance  on  decedent, 
fact  and  time  of  death,  time  last  seen  alive,  and  the 
cause  of  death,  with  contributory,  that  is  to  say,  second- 
ary cause  of  complication,  if  any,  and  duration  of  each, 
and  whether  attributed  to  dangerous  or  insanitary 
conditions  of  employment ;  signature  and  address  of 
physician  or  official  making  the  medical  certificate. 

18.  Length  of  residence  at  place  of  death  and  in 
the  state,  together  with  the  place  where  disease  was 
contracted,  if  not  at  place  of  death,  and  former  or  usual 
residence. 

19.  Place  and  date  of  burial,  cremation  or  removal. 

20.  Signature  and  address  of  undertaker  or  person  in 
charge  of  the  corpse. 

The  particulars  called  for  by  items  one  to  thirteen 
inclusive  shall  be  authenticated  by  the  signature  of  the 
informant,  who  may  be  any  competent  person  acquainted 
with  the  facts. 

The  statement  of  facts  relating  to  the  disposition  of 
the  body  shall  be  signed  by  the  undertaker  or  person 
in  charge  of  the  corpse. 

The  medical  certificates  shall  be  made  and  signed  by 
the  physician,  if  any,  last  in  attendance  on  the  deceased, 
who  shall  specify  the  time  in  attendance,  the  time  he 
last  saw  the  deceased  alive  and  the  hour  of  the  day  at 
which  death  occurred.  He  shall  further  state  the  cause 
of  death,  so  as  to  show  the  cause  of  disease  or  sequence 
of  causes  resulting  in  the  death,  giving  first  the  name 
of  the  disease  causing  death,  that  is  to  say,  the  primary 
cause,  and  the  contributory,  that  is  to  say,  the  secondary 
cause,  if  any,  and  the  duration  of  each.  Indefinite  terms, 
denoting  only  symptoms  of  disease  or  conditions  result- 
ing from  disease,  shall  not  be  held  sufficient  for  the 
issuance  of  a  burial  or  removal  permit.  Any  certificate 
stating  the  cause  of  death  in  terms  which  the  state 
commissioner  of  health  shall  have  declared  indefinite, 
shall  be  returned  to  the  physician  or   person   making 


Vital  Statistics  257 

the  medical  certificate  for  correction  and  more  definite 
statement.  Causes  of  death  which  may  be  the  result  of 
either  disease  or  violence  shall  be  explicitly  defined; 
and  if  from  violence,  the  means  of  injury  shall  be  stated, 
and  whether  apparently  accidental,  suicidal,  or  homi- 
cidal. For  deaths  in  hospitals,  institutions,  or  of  non- 
residents, the  physician  shall  supply  the  information 
required  under  Item  18,  if  he  is  able  to  do  so,  and  may 
state  where,  in  his  opinion,  the  disease  was  contracted. 

§  378.  Registration  of  deaths  occurring  without  med-  Deaths  oc- 
ical  attendance.     In  case  of  any  death  occurring  with-  ^Ynout 
out   medical   attendance,    it   shall   be   the   duty   of   the  medical 
undertaker    or    other    person   to    whose   knowledge   the 
death  may   come  to   notify  the  local   health   officer  of 
such  death,  and  when  so  notified  the  health  officer  shall  Health 
immediately  investigate  and  certify  as  to  the  cause  of  ^be 
death;  provided  that  if  the  health  officer  has  reason  to  notified 
believe  that  the  death  may  have  been  due  to  unlawful  Health 
act  or  neglect  he  shall  then  refer  the  case  to  the  coroner  ^t«y  t0 
or  other  proper  officer  for  his  investigation  and  certifica-  coroner 

in     CBrtciin 

tion.     The  coroner   or  other  proper  officer  whose  duty  cases 
it  is  to  hold  an  inquest  on  the  body  of  a  deceased  per- 
son, and  to  make  the  certificate  of  death  required  for  a  Data  for 
burial  permit,  shall  state  in  his  certificate  the  name  of  coroner's 

r  certificate 

the  disease  causing  death,  or  if  from  external  causes,  the 
means  of  death;  whether  probably  accidental,  suicidal 
or  homicidal;  and  shall,  in  any  case,  furnish  such  infor- 
mation as  may  be  required  by  the  state  commissioner 
of  health  in  order  properly  to  classify  the  death. 

§  379.  Duties  of  undertaker.  In  each  case  the  under-  Duties  of 
taker,  or  person  having  charge  of  the  corpse,  shall  file 
the  certificate  of  death  with  the  registrar  of  the  district 
in  which  the  death  occurred  and  obtain  a  burial  or 
removal  permit  prior  to  any  disposition  of  the  body. 
He  shall  obtain  the  required  personal  and  statistical 
particulars  from  a  person  qualified  to  supply  them, 
over  the  signature  and  address  of  his  informant.     He 


258  The  Public  Health  Manual 

shall  then  present  the  certificate  to  the  attending  phy- 
sician, who  shall  forthwith  fill  out  and  sign  the  medical 
certificate  of  death,  or  to  the  health  officer  or  coroner, 
for  the  medical  certificate  of  the  cause  of  death  and 
other  particulars  necessary  to  complete  the  record  for 
the  registration  of  deaths,  as  specified  in  this  article,  if 
no  physician  was  in  attendance  upon  the  deceased.  He 
shall  then  state  the  facts  required  relative  to  the  date 
and  place  of  burial,  cremation  or  removal,  over  his  sig- 
nature and  with  his  address,  and  present  the  completed 
certificate  to  the  registrar  in  order  to  obtain  a  permit 
for  burial,  removal  or  other  disposition  of  the  body.  The 
undertaker  shall  deliver  the  burial  permit  to  the  person 
in  charge  of  the  place  of  burial,  before  interring  or 
otherwise  disposing  of  the  body;  or  shall  attach  the 
removal  permit  to  the  box  containing  the  corpse,  when 
shipped  by  any  transportation  company;  said  permit  to 
accompany  the  corpse  to  its  destination,  where  if  within 
the  state  of  New  York,  it  shall  be  delivered  to  the 
person  in  charge  of  the  place  of  burial. 
interment  §  380.  Duties  of  undertakers;  interment  within  the 
state n  the  state.  If  the  interment,  or  other  disposition  of  the 
body  is  to  be  made  within  the  state,  the  wording  of 
the  burial  or  removal  permit  may  be  limited  to  a  state- 
ment by  the  registrar,  and  over  his  signature,  that  a 
satisfactory  certificate  of  death,  having  been  filed  with 
him,  as  required  by  law,  permission  is  granted  to  inter, 
remove  or  dispose  otherwise  of  the  body,  stating  the 
name,  age,  sex,  cause  of  death,  and  other  necessary 
details  upon  the  form  prescribed  by  the  commissioner 
of  health. 
interments  §  381.  Interments.  No  person  in  charge  of  any  prem- 
ises on  which  interments  or  cremations  are  made  shall 
inter  or  permit  the  interment  or  other  disposition  of 
any  body  unless  it  is  accompanied  by  a  burial,  crema- 
Permits  tion  or  transit  permit,  as  herein  provided.  Such  person 
rf'istrar  t0  sna11  endorse  upon  the  permit,  the  date  of  interment, 


Vital  Statistics  259 

or  cremation  over  his  signature,  and  shall  return  all 
permits    so    endorsed   to   the   registrar    of   his    district 
within  seven  days  from  the  date  of  interment  or  cre- 
mation.    He  shall  keep  a  record  of  all  bodies  interred  Record    of 
or    otherwise    disposed   of    on   the   premises   under    his  terred  or 
charge,  in  each  case  stating  the  name  of  each  deceased  disP°secl 
person,  place  of  death,  date  of  burial  or  disposal,  and 
name  and  address  of  the  undertaker;  which  record  shall 
at   all   times   be   open   to   official    inspection;    provided 
that   the   undertaker    or   person   having   charge   of   the 
corpse,  when  burying  a  body   in  a  cemetery  or  burial 
ground  having  no  person  in  charge,  shall  sign  the  burial 
or  removal  permit,  giving  the  date  of  burial,  and  shall 
write  across  the  face  of  the  permit  the  words  "No  per-  Exception, 

~~rson 

irge 


son  in  charge,"  and  file  the  burial  or  removal  permit  in   char 


within   three   days   with   the  registrar   of   the   district  °efmete 
in  which  the  cemetery  is  located. 

§  382.  Registration  of  births.  The  birth  of  each  and  Registra- 
cvery  child  born  in  this  state  shall  be  registered  within  births 
five  days  after  the  date  of  each  birth,  there  shall  be 
filed  with  the  registrar  of  the  district  in  which  the 
birth  occurred  a  certificate  of  such  birth,  which  cer- 
tificate shall  be  upon  the  form  prescribed  therefor  by 
the  state  commissioner  of  health.  In  each  case  where 
a  physician,  midwife  or  person  acting  as  midwife,  was 
in  attendance  upon  the  birth,  it  shall  be  the  duty  of 
such  physician,  midwife  or  person  acting  as  midwife, 
to  file  said  certificate.  In  each  case  where  there  was 
no  physician,  midwife,  or  person  acting  as  midwife,  in 
attendance  upon  the  birth,  it  shall  be  the  duty  of  the 
father  or  mother  of  the  child,  the  householder  or  owner 
of  the  premises  where  the  birth  occurred,  or  the  man- 
ager or  superintendent  of  the  public  or  private  institu- 
tion where  the  birth  occurred,  each  in  the  order  named, 
within  five  days  after  the  date  of  such  birth,  to  report 
to  the  local  registrar  the  fact  of  such  birth.  In  such 
case  and  in  case  the  physician,  midwife  or  person  acting 


2(50  The  Public  Health  Manual 

as  midwife  in  attendance  upon  the  birth  is  unable,  by 
diligent  inquiry,  to  obtain  any  item  or  items  of  infor- 
mation required  in  this  article,  it  shall  then  be  the 
duty  of  the  registrar  to  secure  from  the  person  so 
reporting,  or  from  any  other  person  having  the  required 
knowledge,  such  information  as  will  enable  him  to 
prepare  the  certificate  of  birth  herein  required,  and  it 
shall  be  the  duty  of  the  person  reporting  the  birth  or 
who  may  be  interrogated  in  relation  thereto  to  answer 
correctly  and  to  the  best  of  his  knowledge  all  questions 
put  to  him  by  the  registrar  which  may  be  calculated  to 
elicit  any  information  needed  to  make  a  complete  record 
of  the  birth  as  contemplated  by  this  article,  and  it 
shall  be  the  duty  of  the  informant  as  to  any  statement 
made  in  accordance  herewith  to  verify  such  statement 
by  his  signature,  when  requested  so  to  do  by  the  local 
registrar. 
certificate  §  383.  Certificate  of  birth.  The  certificate  of  birth 
of  birth  shall  contain  the  following  items,  which  are  hereby  de- 
clared necessary  for  the  legal,  social  and  sanitary  pur- 
poses subserved  by  registration  records. 

1.  Place  of  birth,  including  state,  county,  town,  vil- 
lage or  city.  If  in  a  city,  the  ward,  street  and  house 
number;  if  in  a  hospital  or  other  institution,  the  name 
of  the  same  to  be  given,  instead  of  the  street  and  house 
number. 

2.  Full  name  of  child.  If  the  child  dies  without  a 
name,  before  the  certificate  is  filed,  enter  the  words 
'■  Died  unnamed."  If  the  living  child  has  not  yet  been 
named  at  the  date  of  filing  certificate  of  birth,  the 
space  for  "  full  name  of  child  "  is  to  be  left  blank,  to 
be  filled  out  subsequently  by  a  supplemental  report,  as 
hereinafter  provided. 

3.  Sex  of  child. 

4.  Whether  a  twin,  triplet,  or  other  plural  birth. 
A  separate  certificate  shall  be  required  for  each  child 
in  case  of  plural  births. 


Vital  Statistics  261 

5.  For  plural  births,  number  of  each  child  in  order 

of  birth. 

6.  Whether  legitimate  or  illegitimate. 

7.  Date  of  birth,  including  the  year,  month  and  day. 

8.  Full  name  of  father;  provided,  that  if  the  child 
is  illegitimate,  the  name  of  the  putative  father  shall 
not  be  entered  without  his  consent,  but  the  other  par- 
ticulars relating  to  the  putative  father  may  be  entered 
if  known,  otherwise  as  "unknown." 

9.  Residence  of  father. 

10.  Color  or  race  of  father. 

11.  Age  of  father  at  last  birthday,  in  years. 

12.  Birthplace  of  father;  at  'least  state  or  foreign 
country,  if  known. 

13.  Occupation  of  father.  The  occupation  to  be  re- 
ported if  engaged  in  any  remunerative  employment, 
with  the  statement  of  trade,  profession,  or  particular 
kind  of  work;  general  nature  of  industry,  business  or 
establishment  in. which  engaged  or  employed. 

14.  Maiden  name  of.  mother. 

15.  Residence  of  mother. 

16.  Color  or  race  of  mother. 

17.  Age  of  mother  at  last  birthday,  in  years. 

'  18.  Birthplace   of  mother;    at  least  state   or  foreign 
country,  if  known. 

19.  Occupation  of  mother.  The  occupation  to  be  re- 
ported if  engaged  in  any  remunerative  employment, 
with  the  statement  of  trade,  profession,  or  particular 
kind  of  work;  general  nature  of  industry,  business  or 
establishment  in  which  engaged  or  employed. 

20.  Number  of  children  born  to  this  mother,  includ- 
ing present  birth. 

21.  Number  of  children  of  this  mother  living. 

22.  The  certification  of  attending  physician  or  mid- 
wife as  to  attendance  at  birth,  including  statement  of 
year,  month,  day  and  hour  of  birth,,  and  whether  the 
child   was   born    alive    or    stillborn.     This    certification 


262 


The  Public  Health  Manual 


Supple- 
mental • 
report    of 
name 


Registra- 
tion  of 
physicians, 
midwives 

and     under 
takers 


Duties     of 
registrar 


Nb    fee 

for    regis- 
tration 


shall  be  signed  by  the  attending  physician  or  midwife, 
with  date  of  signature  and  address;  if  there  was  no 
physician  or  midwife  in  attendance,  then  by  the  father 
or  mother 'of  the  child,  householder,  owner  of  the  prem 
ises,  manager  or  superintendent  of  public  or  private 
institution  where  the  birth  occurred,  or  other  com- 
petent person,  whose  duty  it  shall  be  to  notify  the  local 
registrar  of  such  birth. 

23.  Exact  date  of  filing  in  office  of  local  registrar, 
attested  by  his  official  signature,  and  registered  number 
of  birth,  as  hereinafter  provided. 

§  384.  Registration  of  name  of  child  subsequent  to 
filing  of  birth  certificate.  When  any  certificate  of  birth 
of  a  living  child  is  presented  without  the  statement  of 
the  given  name,  the  local  registrar  shall  make  out  and 
deliver  to  the  parents  of  the  child  a  special  blank  for 
the  supplemental  report  of  the  given  name  of  the  child, 
which  shall  be  filled  out  as  directed,  and  returned  to 
the  local  registrar  as  soon  as  the  child  shall  have  been 
named. 

§  385.  Registration  of  physicians,  midwives,  and  un- 
dertakers. Every  physician,  midwife  and  undertaker 
shall,  on  or  before  the  day  on  which  this  article  takes 
effect,  register  his  or  her  name,  address  and  occupation 
with  the  registrar  of  the  district  in  which  he  or  she 
resides,  and  shall  so  register  in  any  district  in  which 
he  or  she  may  hereafter  establish  a  residence;  and  shall 
thereupon  be  supplied  by  the  registrar  with  a  copy  of 
this  article,  together  with  such  rules  and  regulations 
as  may  be  prepared  by  the  public  health  council  rela- 
tive to  its  enforcement.  Within  thirty  days  after  the 
close  ©f  each  calendar  year  each  registrar  shall  make 
a  return  to  the  state  sommissioner  of  health  of  all 
physicians,  midwives,  or  undertakers  who  have  been 
registered  in  his  district  during  the  whole  or  any  part 
of  the  preceding  calendar  year;  provided,  that  no  fee 
or  other  compensation  shall  be  charged  by  registrars 


Vital  Statistics  263 

to  physicians,  midwives  or  undertakers  for  registering 
their  name  under  this  section  or  making  returns  thereof 
to  the  state  commissioner  of  health. 

§  386.  Registration  of  persons  in  institutions.  All  Registra- 
superintendents  or  managers  or  other  persons  in  charge  p^ons  in 
of  hospitals,  almshouses,  lying-in  or  other  institutions,  institu- 
public  or  private,  to  which  persons  resort  for  treatment 
of  diseases  or  confinement,  or  to  which  persons  are 
committed  by  process  of  law,  shall  make  a  record  of 
all  the  personal  and  statistical  particulars  relative  to 
the  inmates  in  their  institutions  when  this  act  takes 
effect;  which  are  required  in  the  forms  of  the  certificate 
provided  for  by  this  article  as  directed  by  the  state 
commissioner  of  health;  and  thereafter  such  record 
shall  be  by  them  made  for  all  future  inmates  at  the 
time  of  their  admittance.  In  the  case  of  persons  ad- 
mitted or  committed  for  treatment  of  disease,  the  phy- 
sician in  charge  shall  specify  for  entry  in  the  record, 
the  nature  of  the  disease,  and  where,  in  his  opinion, 
it  was  contracted.  The  personal  particulars  and  infor- 
mation required  by  this  section  shall  be  obtained  from 
the  individual  himself  if  it  is  practicable  to  do  so;  and 
when  they  cannot  be  so  obtained,  they  shall  be  obtained 
in  as  complete  a  manner  as  possible  from  relatives, 
friends,  or  other  persons  acquainted  with  the  facts. 

§  387.  Records  to  be  kept  by  state  commissioner  of  Records 
health.  The  state  commissioner  of  health  shall  prepare,  kept  by 
print,  and  supply  to  all  registrars  all  blanks  and  forms  st^te.    eom" 

L  '  r  r  ti  o  missioner 

used  in  registering,  recording  and  preserving  the  re-  of  health 
turns,  or  in  otherwise  carrying  out  the  purposes  of 
this  article,  and  shall  prepare  and  issue  such  detailed 
instructions,  not  inconsistent  with  the  regulation  estab- 
lished by  the  public  health  council,  as  may  be  required 
to  procure  the  uniform  observance  of  its  provision  and 
the  maintenance  of  a  perfect  system  of  registration; 
and  no  other  blanks  shall  be  used  than  those  supplied 
by  the   state   commissioner   of  health.     He  shall   care- 


21)4 


The  Public  Health  Manual 


and 

records, 

alterations 


fully  examine  the  certificates  received  monthly  from 
the  registrars,  and  if  any  such  are  incomplete  or  un- 
satisfactory he  shall  require  such  further  information 
to  be  supplied  as  may  be  necessary  to  make  the  record 
complete  and  satisfactory.  All  physicians,  midwives, 
undertakers,  or  informants,  and  all  other  persons  hav- 
ing knowledge  of  the  facts,  are  hereby  required  to 
supply,  upon  a  form  provided  by  the  state  commissioner 
of  health  or  upon  the  original  certificate,  such  informa- 
tion as  they  may  possess  regarding  any  birth  or  death 
upon  demand  of  the  state  commissioner  of  health,  in 
person,  by  mail,  or  through  the  registrar;  provided, 
certificates  that  no  certificate  of  birth  or  death,  after  its  acceptance 
for  registration  by  the  registrar,  and  no  other  record 
made  in  pursuance  of  this  article,  shall  be  altered  or 
changed  in  any  respect  otherwise  than  by  amendments 
properly  dated,  signed  and  witnessed.  The  state  com- 
missioner of  health  shall  arrange,  and  permanently  pre- 
serve the  certificates  in  a  systematic  manner,  and  shall 
prepare  and  maintain  a  comprehensive  and  continuous 
card  index  of  all  births  and  deaths  registered;  said 
index  to  be  arranged  alphabetically,  in  the  case  of 
deaths,  by  the  names  of  decedents,  and  in  the  case  of 
births,  by  the  names  of  fathers  or  mothers  if  born  out 
of  wedlock.  He  shall  inform  all  registrars  what  dis- 
eases are  to  be  considered  infectious,  contagious,  or 
communicable  and  dangerous  to  the  public  health,  as 
decided  by  the  public  health  council  in  order  that  when 
deaths  occur  from  such  diseases  proper  precautions 
may  be  taken  to  prevent  their   spread. 

§  388.  Certified  copies  of  birth  certificates  evidence  of 
age.  Certified  copies  of  birth  certificates,  or  of  state- 
ments based  on  duly  registered  certificates  of  birth 
shall  be  accepted  by  public  school  authorities  in  this 
state  as  prima  facie  evidence  of  age  of  children,  regis- 
tering for  school  attendance,  and  by  the  legally  con- 
stituted   authorities   as   prima   facie   proof   of   age    for 


Certified 
copies    of 
birth    cer- 
tificates 
evidence 
of   age 


Vital  Statistics  265 

the  issuance  of  employment  certificates,  provided  that 
when  it  is  not  possible  to  secure  such  certified  copy  of 
birth  registration  certificate  for  any  child,  the  school 
authorities  may  accept  as  secondary  proof  of  age  any 
of  the  kinds  of  evidence  specified  in  the  labor  law. 

§  389.  District  records  to  be  kept  by  registrar.    Each  Duties  of 

registrar 

registrar  shall  supply  blank  forms  of  certificates  to 
such  persons  as  require  them.  Each  registrar  shall 
carefully  examine  each  certificate  of  birth  or  death 
when  presented  for  record  in  order  to  ascertain  whether 
or  not  it  has  been  made  out  in  accordance  with  the 
provisions  of  this  act  and  the  instructions  of  the  state 
commissioner  of  health;  and  if  any  certificate  of  death 
is  incomplete  or  unsatisfactory,  it  shall  be  his  duty  to 
call  attention  to  the  defects  in  the  return,  and  to  with- 
hold the  burial  or  removal  permit  until  such  defects 
are  corrected.  All  certificates,  either  of  birth  or  death, 
shall  be  written  legibly,  in  durable  black  ink,  and  no 
certificate  shall  be  held  to  be  complete  and  correct  that 
does  not  supply  all  of  the  items  of  information  called 
for  therein,  or  satisfactorily  account  for  their  omission. 
If  the  certificate  of  death  is  properly  executed  and  com- 
plete, he  shall  then  issue  a  burial  or  removal  permit 
to   the   undertaker;    provided,    that    in   case   the    death  Peath 

'     r  '  from    com- 

OCCUrred  from  some  disease  which  is  held  by  the  public  municabie 

health  council  to  be  infectious,  contagious,  or  com- 
municable and  dangerous  to  the  public  health,  no  per- 
mit for  the  removal  or  other  disposition  of  the  body 
shall  be  issued  by  the  registrar,  except  to  an  under- 
taker licensed  under  section  two  hundred  and  ninety- 
five  of  the  public  health  law,  under  such  conditions  as 
may  be  prescribed  by  the  state  public  health  council. 
If  a  certificate  of  birth  is  incomplete,  the  local  registrar  ^^mcates 
shall  immediately  notify  the  informant,  and  require 
him  to  supply  the  missing  items  of  information  if  they 
can   be   obtained.     He   shall   number   consecutively   the  Numbering 

certificates 

certificates  of  birth  and  death,  in  two  separate  series, 


266 


The  Public  Health  Manual 


Record 
book 


Pees    of 
registrar 


beginning  with  the  number  one  for  the  first  birth  and 
the  first  death  in  each  calendar  year,  and  sign  his  name 
as  registrar  in  attest  of  the  date  of  filing  in  his  office. 
He  shall  also  make  a  complete  and  accurate  copy  of 
each  birth  and  each  death  certificate  registered  by  him 
in  a  record  book  supplied  by  the  state  commissioner 
of  health,  to  be  preserved  permanently  in  his  office  as 
the  local  record,  in  such  manner  as  directed  by  the  com- 
missioner of  health.  He  shall,  on  the  fifth  day  of  each 
month,  transmit  to  the  state  commissioner  of  health 
all  original  certificates  registered  by  him  for  the  preced- 
ing month.  If  no  births  or  no  deaths  occurred  in  any 
month,  he  shall  on  the  fifth  day  of  the  following  month, 
report  that  fact  to  the  state  commissioner  of  health  on 
a  card  provided  for  such  purpose. 

§  390.  Fees  of  registrar  for  the  prompt  and  correct 
return  and  filing  of  birth  and  death  certificates.  Except 
as  hereinbefore  otherwise  provided  each  registrar  and 
each  physician  shall  be  paid  the  sum  of  twenty-five 
cents  for  each  birth  certificate  properly  and  completely 
made  out  and  registered  and  each  death  certificate 
properly  and  completely  made  out  in  accordance  with 
the  international  list  of  causes  of  death  and  returned 
and  filed  with  the  registrar  and  correctly  recorded  and 
promptly  returned  by  him  to  the  state  commissioner 
of  health,  as  required  by  this  article.  And  in  case  no 
births  or  no  deaths  were  registered  during  any  months, 
the  local  registrar  shall  be  entitled  to  be  paid  the  sum  of 
twenty-five  cents  for  each  report  to  that  effect,  but  only 
if  such  report  be  made  promptly  as  required  by  this 
article.  All  amounts  payable  to  the  local  registrar 
under  the  provisions  of  this  article  shall  be  paid  by  the 
municipality  comprising  the  registration  district,  upon 
certification  by  the  state  commissioner  of  health  and  all 
amounts  payable  to  physicians  shall  be  certified  to  by  the 
local  registrar  annually  and  paid  to  said  physicians  by 
said   municipality.     The   state   commissioner   of   health 


Vital  Statistics  267 

shall  annually  certify  to  the  municipality  the  number  of 
births   and  deaths  properly  registered,  with  the  name 
of  the  local  registrar  and  the  amount  due  him  at  the 
rate  fixed  herein.     In  addition  thereto  the  local  registrar  Burial,    re- 
shall  be  paid  a  fee  of  twenty-five  cents  for  each  burial,  transit01 
removal   or   transit   permit   issued  by  him.      (Am'd  by  Permits 
L.  1915,  ch.  385,  and  L.  1917,  ch.  Ill,  in  effect  Mar.  20, 
1917.) 

§  391.  Certified  copies  of  records;  state  commissioner  certified 
of  health  to  furnish.    The  state  commissioner  of  health  ^coras  °f 
may,  upon  request,  supply  to  any  applicant  a  certified 
copy   of   the   record   of   any   birth    or    death   registered 
under  the  provisions  of  this  act,  for  the  making  and 
certification  of  which  he  shall  be  entitled  to  a  fee  of 
one  dollar,  to  be  paid  by  the  applicant;  provided  that 
the  United  States  census  bureau  may  obtain,  without 
expense  to  the  state,  transcripts  of  certified  copies  of 
births    and    deaths    without    payment    of    the    fee    here 
prescribed,    for    use    solely    as    statistical    data.      Any  certified 
copy  of  the  record  of  a  birth  or  death,  when  properly  c°Pies  of 

r  *7  '  r      r        J    records 

certified  by  the  state  commissioner  of  health,  shall  be 
prima  facie  evidence  in  all  courts  and  places  of  the 
facts  therein  stated.  For  any  search  of  the  files  and 
records  when  no  certified  copy  is  made,  the  state  com- 
missioner of  health  shall  be  entitled  to  a  fee  of  fifty 
cents  for  each  hour  or  fractional  part  of  an  hour  of  Search 
lime  of  search,  said  fee  to  be  paid  by  the  applicant. 

If  any  time  within  ten  years  of  the  birth,  or  one 
year  of  the  death  of  any  person  within  this  state,  a 
certified  copy  of  the  official  record  of  said  birth  or 
death  with  the  information  required  to  be  registered 
by  this  act,  be  necessary  for  legal,  judicial,  or  other 
proper  purposes,  and,  after  search  by  the  state  commis- 
sioner of  health,  it  should  appear  that  no  such  certifi- 
cate of  birth  or  death,  was  made  and  filed  as  provided 
by  this  act,  then  the  person  asking  for  such  certified 


268 


The  Public  Health  Manual 


Failure    to 
file    cer- 
tificate 


Prosecu- 
tions 


Penalties 


copy  may  file  a  sworn  statement,  to  be  accompanied  by 
the  affidavits  of  two  competent  witnesses,  as  to  the  fact 
of  birth  or  death,  with  as  many  particulars  of  the 
standard  certificate  supplied  as  possible,  and  the  state 
commissioner  of  health  shall  file  it  and  issue  a  certified 
copy  thereof  to  said  applicant  without  fee  and  without 
charge  for  time  of  search;  and  the  state  commissioner 
of  health  shall  immediately  require  the  physician,  or 
midwife,  who,  being  in  attendance  upon  a  birth  since 
the  date  of  the  taking  effect  of  this  act,  failed  or 
neglected  to  file  a  certificate  thereof  or  the  undertaker, 
or  other  person  who  having  charge  of  the  interment  or 
removal  of  the  body  of  a  deceased  person  since  the 
date  of  the  taking  effect  of  this  act,  failed  or  neglected 
to  file  the  certificate  of  death,  if  he  or  she  be  living, 
to  obtain  and  file  at  once  with  the  local  registrar 
such  certificate  in  as  complete  form  as  the  lapse  of 
time  will  permit,  together  with  a  fee  of  five  dollars, 
which  shall  be  transmitted  to  the  state  commissioner 
of  health  and  accounted  for  as  a  fee  for  certified  copies. 
With  said  certificate  shall  be  filed  the  sworn  statements 
and  affidavits  hereinabove  mentioned.  The  delinquent 
physician,  midwife,  undertaker,  or  other  person  may 
also,  in  the  discretion  of  the  state  commissioner  of 
health  be  prosecuted  as  required  by  this  article,  and 
shall  be  prosecuted  without  bar  from  the  statute  of 
limitations,  if  he  or  she  shall  neglect  or  fail  to  file 
promptly  the  certificate  required  by  this  section  as  a 
substitute  for  the  certificate  not  filed  as  required  by 
this  article,  and  to  pay  the  filing  fee  provided  for  in 
this  section. 

The  state  commissioner  of  health  shall  keep  a  true 
and  correct  account  of  all  fees  by  him  received  under 
this  section,  and  turn  the  same  over  to  the  state 
treasurer. 

§  392.  Penalties.  Any  person,  who  for  himself  or  as 
an  officer,  agent,  or  employee  of  any  other  person,  or 


Vital  Statistics  269 

of  any  corporation  or  partnership,  shall  inter,  cremate, 
or  otherwise  finally  dispose  of  the  dead  body  of  a  human 
being,  or  permit  the  same  to  be  done,  or  shall  remove 
said  body  from  the  primary  registration  district  in 
which  the  death  occurred  or  the  body  was  found,  with- 
out the  authority  of  a  burial  or  removal  permit  issued 
by  the  local  registrar  of  the  district  in  which  the  death 
occurred,  or  in  which  the  body  was  found;  or  shall 
refuse  or  fail  to  furnish  correctly  any  information  in 
his  possession,  or  shall  furnish  false  information  affect- 
ing any  certificate  or  record,  required  by  this  article;  or 
shall  wilfully  alter,  otherwise  than  is  provided  by  this 
article,  or  shall  falsify  any  certificate  of  birth  or  death, 
or  any  record  established  by  this  article;  or  being- 
required  by  this  article  to  fill  out  a  certificate  of  death 
and  file  the  same  with  the  local  registrar,  or  deliver  it, 
upon 'request,  to  any  person  charged  with  the  duty  of 
filing  the  same,  shall  fail,  neglect  or  refuse  to  perform 
such  duty  in  the  manner  required  by  this  article;  or 
being  a  registrar,  deputy  registrar,  or  subregistrar,  shall 
fail,  neglect  or  refuse  to  perform  his  duty  as  required 
by  this  article  and  by  the  instructions  and  direction  of 
the  state  commissioner  of  health  thereunder,  shall  be 
deemed  guilty  of  a  misdemeanor  and  upon  conviction 
thereof  shall  for  the  first  offense  be  fined  not  less  than 
five  dollars  nor  more  than  fifty  dollars  and  for  each 
subsequent  offense  not  less  than  ten  dollars,  or  more 
than  one  hundred  dollars  or  be  imprisoned  in  the  county 
jail  not  more  than  sixty  days,  or  be  both  fined  and 
imprisoned  in  the  discretion  of  the  court.  Whenever 
any  physician,  midwife,  or  other  person  shall  fail  or 
neglect  to  properly  record  and  file  a  certificate  of  birth 
as  required  by  this  article  such  person  shall  be  liable 
to  a  penalty  of  not  less  than  five  dollars  nor  more  than 
fifty  dollars  for  the  first  and  second  offenses,  which 
penalty  may  be  recovered  by  an  action  brought  by  the 
state  commissioner  of  health  in  any  court  of  competent 


Enforce- 
ment 


*270  The  Public  Health  Manual 


jurisdiction,  and  for  every  subsequent  offense,  such 
person  shall  be  guilty  of  a  misdemeanor,  punishable 
by  a  fine  of  not  less  than  ten  nor  more  than  on3 
hundred  dollars,  or  by  imprisonment  for  not  more  than 
sixty  days,  or  both.  (Am'd  by  L.  1916,  ch.  58,  in 
effect  March  20,  1916.) 

§  393.  Enforcement.  Each  registrar  is  hereby  charged 
with  the  strict  and  thorough  enforcement  of  the  pro- 
visions of  this  article,  in  his  registration  district,  under 
the  supervision  and  direction  of  the  state  commissioner 
of  health.  He  shall  make  an  immediate  report  to  the 
state  commissioner  of  health  of  any  violation  of  any 
provision  of  this  article  coming  to  his  knowledge,  by 
observation  or  upon  complaint  of  any  person,  or  other- 
wise. 

The  state  commissioner  of  health  is  hereby  charged 
with  the  thorough  and  efficient  execution  of  the  pro- 
visions of  this  article  in  every  part  of  the  state,  and  is 
hereby  granted  supervisory  power  over  registrars, 
deputy  registrars,  and  subregistrars,  to  the  end  that  all 
of  its  requirements  shall  be  uniformly  complied  with. 
The  state  commissioner  of  health,  either  personally  or 
by  an  accredited  representative,  shall  have  authority 
to  investigate  cases  of  irregularity  or  violation  of  law, 
and  all  registrars  shall  aid  him,  upon  request,  in  such 
investigations.  When  he  shall  deem  it  necessary,  he 
shall  report  cases  of  violation  of  any  of  the  provisions 
of  this  article  to  the  district  attorney  of  the  county, 
with  a  statement  of  the  facts  and  circumstances;  and 
when  any  such  case  is  reported  to  him  by  the  state 
commissioner  of  health,  the  prosecuting  attorney  shall 
forthwith  initiate  and  promptly  follow  up  the  necessary 
court  proceedings  against  the  person  or  corporation 
responsible  for  the  alleged  violation  of  law.  Upon 
request  of  the  state  commissioner  of  health,  the  attor- 


County  Mosquito  Extermination  Commission  271 

ney-general  shall  assist  in  the  enforcement  of  the  pro- 
visions of  this  article. 

§  394.  Exemptions.     Nothing  in  this  article  shall  be  Exemp- 
construed  to  affect,  alter,  or  repeal  laws  now  in  force 
applying  to  the  city  of  New  York. 

ARTICLE  XXI 

County  mosquito  extermination  commission* 

(Added  by  L.  1916,  chap.  408;  in  effect  May  3,  1916.) 

Section  400.  Establishment ;     appointment     of     commis- 
sioners. 

401.  Chairman  of  board  of  supervisors  ex  officio 

member. 

402.  State    commission!    of    health    to    appoint 

one  member  of  such  commission. 

403.  Members  to  serve  without  compensation. 

404.  Commissions;    terms   of  office. 

405.  Official  oath;   officers. 

406.  Commission  a  body  corporate;   powers. 

407.  Secretary  of  commission;   salary. 

408.  Clerks   and  assistants. 

409.  Duties  of  clerks  and  assistants. 
409-a.  Accumulation  of  water  a  nuisance. 

410.  Powers  and  duties  of  commission. 

411.  Publication  of  notice  of  entry,  claims,  dam- 

ages and  payments. 

412.  Estimate   of   annual   requirements;    powers 

and  duty  of  state  health  commissioner. 

413.  Duties  of  boards  of  supervisors. 

414.  Disbursements  by  county  treasurer. 

415.  Annual  report. 

416.  Reservation   of  powers. 


*  See  L.    1911,   Chap.   246,   extermination  of  mosquitoes,   Suffolk 
county,  p.  507;  Public  Health  Law,  §§  27-30,  pp.  40-44 
t  So  in  original 


272  The  Public  Health  Manual 

Section  417.  Temporary  provision  for  nineteen  hundred 
and  sixteen. 
418.  Obstructions;  interferences. 

§  400.  Establishment;  appointment  of  commissioners. 
In  any  county  in  the  state  of  New  York,  having  a 
population  of  less  than  two  hundred  thousand  adjacent 
to  a  city  of  the  first  class,  having  a  population  of  over 
three  million  there  is  hereby  created  an  appointing 
board  to  consist  of  the  county  judge,  the  county  clerk 
and  the  county  comptroller,  to  be  known  as  "  The 
(here  shall  be  inserted  the  name  of  the  county  in  and 
for  which  such  appointing  board  shall  act)  County 
Board "  for  the  appointment  of  a  county  mosquito 
extermination  commission,  as  hereinafter  provided. 
The  members  of  such  appointing  board  shall  serve  with- 
out pay,  except  that  the  necessary  expenses  of  each 
member  for  actual  attendance  at  any  meeting  of  such 
board  shall  be  allowed  and  paid.  Within  ten  days  after 
the  presentation  of  a  petition  signed  and  acknowledged 
in  the  same  manner  as  are  deeds  entitled  to  be  recorded, 
by  two  hundred  residents  of  such  county,  it  shall  be  the 
duty  of  the  county  judge  to  convene  the  said  board,  at 
the  most  suitable  and  convenient  place,  or  otherwise  ar- 
range for  concerted  action,  for  the  appointment  of  four 
resident  taxpayers  in  any  such  county,  who,  with  the 
chairman  of  the  board  of  supervisors  and  one  member, 
to  be  appointed  by  the  state  commissioner  of  health, 
as  provided  by  sections  four  hundred  and  one  and 
four  hundred  and  two  of  this  article,  shall  constitute 
a  board  of  commissioners  to  be  known  as  "The  (here 
shall  be  inserted  the  name  of  the  county  in  and  for 
which  the  commissioners  are  to  be  appointed)  County 
Extermination  Commission." 

§  401.  The  chairman  of  the  board  of  supervisors  ex 
officio  member.  The  chairman  of  the  board  of  super- 
visors of  each  county  in  and  for  which  a  commission 


County  Mosquito  Extermination  Commission  273 

is  appointed,  shall  be  a  member  ex  officio  of  such  com- 
mission, and  shall  serve  without  compensation,  except 
that  the  necessary  expenses  actually  incurred  by  his 
attendance  upon  meetings  of  such  commission  shall  be 
allowed  and  paid.  He  shall  have  equal  powers,  privi- 
leges and  duties  with  the  other  members  of  such 
commission. 

§  402.  The  state  commissioner  of  health  to  appoint 
one  member  of  such  commission.  The  sfate  commis- 
sioner of  health  shall  appoint  one  member  of  such  com- 
mission who  shall  have  equal  powers,  privileges  and 
duties  with  the  other  members  of  such  commission. 
Such  member  shall  be  a  resident  of  the  county  for 
which  such  commissioners  are  appointed,  and  he  shall 
in  addition  to  his  powers,  duties  and  privileges  con- 
ferred, represent  the  state  commissioner  of  health  in  all 
matters  as  the  state  commissioner  of  health  may  direct. 

§  403.  Members  to  serve  without  compensation.  The 
members  of  such  commission  shall  serve  without  com- 
pensation, except  that  the  necessary  expenses  of  each 
commissioner  )for  actual  attendance  at  meetings  of 
such  commission  shall  be  allowed  and  paid.  No  person 
employed  by  such  commission  shall  be  a  member 
thereof. 

§  404.  Commissions;  terms  of  office.  The  commis- 
sioners first  appointed  by  the  county  board  in  any  dis- 
trict under  the  provisions  of  this  article  shall  hold  office 
respectively  for  the  term  of  one,  two,  three  and  four 
years.  The  term  of  the  member  appointed  by  the  state 
coriimissioner  of  health  shall  be  four  years.  All  such 
commissioners  after  the  ifirst  appointment  shall  be 
appointed  for  the  full  term  of  four  years.  Vacancies 
in  such  commission,  occurring  by  resignation  or  other- 
wise, shall  be  filled  by  the  county  board  in  the  manner 
provided  in  section  four  hundred  except  any  vacancy 
caused  by  resignation  or  otherwise  of  the  member 
appointed  by  the   state  commissioner  of  health,  which 


274  The  Public  Health  Manual 

shall  be  filled  by  the  state  commissioner  of  health  in 
the  manner  provided  in  section  four  hundred  and  two 
of  this  article,  and  the  persons  so  appointed  to  fill  such 
vacancies  shall  be  appointed  for  the  unexpired  term 
only. 

§  405.  Official  oath;  officers.  Before  entering  upon 
the  duties  of  his  office  each  commissioner  shall  take 
and  subscribe  an  oath  or  affirmation  before  the  clerk 
of  the  county  in  which  is  situated  the  district  in  and 
for  which  he  is  appointed  to  faithfully  and  impartially 
perform  the  duties  of  his  office,  which  oath  or  affirma- 
tion shall  be  filed  with  such  clerk.  Every  such  com- 
mission shall  annually  choose  from  among  its  members 
a  president  and  treasurer,  who  shall  serve  without  pay, 
and  they  shall  respectively  perform  the  duties  ordi- 
narily incidental  to  such  offices. 

§  406.  Commission  a  body  corporate  and  politic; 
powers.  From  and  after  the  appointment,  qualification 
and  organization  of  such  commissioners,  such  mosquito 
extermination  commission  shall  become  and  be  a  body 
corporate  and  politic,  under  the  name  given  in  such 
petition,  and  by  such  name  and  style  may  sue,  be  sued, 
execute  contracts,. have  a  corporate  seal,  and  shall  have 
all  powers  herein  conferred  upon  it  within  the  counties 
wherein  it  is  appointed. 

§  407.  Secretary  of  commission;  salary.  The  com- 
mission may  appoint  a  secretary,  whose  compensation 
shall  be  fixed  by  such  commission;  the  salary  of  such 
secretary  shall  not  exceed,  however,  the  sum  of  eighteen 
hundred  dollars  per  annum. 

§  408.  Clerks  and  assistants.  Said  commission  may, 
with  the  approval  of  the  board  of  supervisors  of  the 
county,  appoint  and  employ  such  clerks,  assistants, 
inspectors  and  day  laborers  as  may  be  necessary  to 
carry  out  the  provisions  of  this  article.  The  compensa- 
tion of  such  clerks  and  assistants  shall  be  fixed  by  the 
"board  of  supervisors  of  the  county. 


County  Mosquito  Extermination  Commission  275 

§  409.  Duties  of  clerks  and  assistants.  The  com- 
mission shall  prescribe  the  duties  and  hours  of  employ- 
ment of  clerks  and  assistants  and  make  all  rules  and 
regulations  respecting  the  same.  The  commission  shall 
furnish  them  with  necessary  and  proper  facilities. 

§  409-a.  Accumulation  of  water  a  nuisance.  Any 
accumulation  of  water  in  which  mosquitoes  are  breed- 
ing, or  are  likely  to  breed,  is  hereby  declared* to  be  a 
nuisance. 

§  410.  Powers  and  duties  of  commission.     Said  com- 
mission shall  use  every  means  feasible  and  practicable 
to    exterminate    mosquitoes,    of    every    variety,    found 
within    the    county     for    which     such     commission     is 
appointed.      Such    commission    shall    have    power    and 
authority  to  enter  without  hindrance  upon  any  or  all 
lands  within  the  county  for  the  purpose  of  draining  or 
oiling  the   same  and  to  perform   all   other   acts  which 
in    its    opinion    and    judgment   may    be   necessary    and 
proper  for  the   elimination  of  breeding  places  of  mos- 
quitoes or  which  will   tend'  to   exterminate  mosquitoes 
of   fresh   water,    salt   water    and    every   other   kind   or 
variety  found  within  such  counties. 

§  411.  Publication  of  notice  of  entry;   claims,  dam- 
ages  and   payments.     Before   entering  upon   any   such 
lands  for  such  purposes  as  outlined  under  section  four 
hundred  and  ten  hereof,  the  commission  shall  publish 
each  year,  at  least  once  during  the  year,  immediately 
following   the  approval   by  the   state   commissioner    of 
health  of   its  plans  for  work  during  the  ensuing  year 
as- provided  in  this  article,  in  at  least  one  newspaper 
in  every  town  of  the  county  where  work  is  to  be  per- 
formed and  in  which  such  a  paper  is  published,  a  gen- 
eral    description    of    the   land   with   the    names   of   the 
owners  thereof  as  shown  by  the  last  assessment-rolls, 
if    known,    if    the   name    of    the    owner    or    owners   be 
unknown  that  fact  must  be  stated  and  published;   and 
in  case  of  a  town  where  work  'is  to  be  performed  by 


276  The  Public  Health  Manual. 

the  commission  and  in  which  no  newspaper  is  published, 
individual  notices  shall  be  first  sent  to  every  owner  in 
such  town  upon  whose  land  the  commission  proposes 
to  enter  for  said  purposes  if  the  name  of  such  owner 
be-  know,  if  unknown  such  notice  shall  be  posted  in  not 
less  than  five  conspicuous  places  in  such  town.  Any 
person  objecting  to  or  who  is  aggrieved  or  who  claims 
damages  due  to  the  execution  of  the  work  of  the  com- 
mission, shall  file  a  protest  with  the  commission  set- 
ting forth  his  grienvance  or  claim.  The  commission 
shall  thereupon  and  within  thirty  days  after  the  filing 
of  such  protest  or  claim,  set  a  day  for  a  public  hearing 
thereof.  In  all  such  cases  the  decision  of  the  commis- 
sion as  to  the  necessity  of  such  work  shall  be  final.  , 
Any  damage  claimed  by  any  party  on  account  of  entry 
work  of  the  commission  upon  his  property  shall  be 
determined  by  an  action  in  court  to  be  tried  in  the 
county;  and  the  amount  of  any  damage  that  may  be 
awarded  such  party  shall  be  included  in  the  next  suc- 
ceeding estimate  of  annual  requirements  of  the  com- 
mission and  shall  be  included  in  the  annual  tax  levy 
as  provided  for  in  this  article,  and  be  paid  by  the 
commission. 

§  412.  Estimate  of  annual  requirements;  power  and 
duty  of  state  health  commissioner.  Every  such  county 
commission  shall,  on  or  before  the  first  day  of  Septem- 
ber in  each  year,  file  with  the  state  commissioner  of 
health  a  detailed  estimate  of  the  moneys  required  for 
the  ensuing  year  and  a  plan  of  the  work  to  be  done 
and.  the  methods  to  be  employed,  together  with  a  gen- 
eral description  of  such  lands  with  the  names  of  the 
owners  thereof,  as  recorded  by  the  last  assessment-rolls 
if  known,  if  unknown  that  fact  shall  be  stated,  as  the 
commission  proposes  to  enter  upon  and  to  execute  such 
plans  and  work.  Such  commissioner  shall  have  the 
power  to  approve,  modify  or  alter  such  estimates,  plans 
and  methods,   and   such  estimates,   plans  and   methods 


County  Mosquito  Extermination  Commission  277 

finally  approved  by  him  shall  be  forwarded  by  him  to 
the  board  of  supervisors  in  the  county  on  or  before  the 
first  day  of  October  following  its  receipt. 

§  413.  Duties  of  boards  of  supervisors.  It  shall  be 
the  duty  of  the  board  of  supervisors  in  every  county 
in  which  a  commission  is  appointed  as*  its  annual  or 
other  meeting  in  the  month  of  December  of  each  year 
and  on  receipt  of  the  said  report  from  the  commissioner 
of  the  state  board  of  health,  to  cause  to  be  included  in 
the  annual  tax  levy  of  such  county  and  added  to  the 
tax  roll  for  the  succeeding  year  such  amount  of  money 
for  the  use  and  purposes  of  the  mosquito  extermination 
commission,  in  its  said  county,  as  is  approved  by  the 
state  commission*  of  health  in  such  report,  provided, 
however,  that  in  no  one  year  shall  the  amount  so  raised 
exceed  the  amount  hereinafter  specified,  to  wit:  in 
counties  where  the  assessed  valuations  are  not  more 
than  forty  million  dollars,  a  sum  not  greater  than  one 
mill  on  every  dollar  of  assessed  valuation;  in  counties 
where  the  assessed  valuations  are  in  excess  of  forty 
million  dollars,  a  sum  not  greater  than  three-eighths 
of  one  mill  on  every  dollar  of  assessed  valuations. 

§  414.  Disbursements  by  county  treasurer.  The 
county  treasurer  of  each  county  shall  pay  from  time  to 
time  to  the  mosquito  extermination  commission,  on 
the  requisition  of  such  commission,  duly  signed  and 
approved  by  the  president  and  secretary  thereof,  the 
amount  of  moneys  so  specified  in  the  annual  tax  levy 
for  the  purposes  and  uses  of  such  mosquito  extermina- 
tion commission. 

§  415.  Annual  report.  It  shall  be  the  duty  of  each 
mosquito  extermination  commission,  on  or  before  the 
first  day  of  September  in  each  year,  to  submit  to  the 
state  commissioner  of  health  and  to  the  board  of  super- 
visors in  each  respective  county  comprised  within  a  mos- 
quito extermination  district,  a  report  setting  forth  the 


*  So  in  original 


27 s  The  Public  Health  Manual 

amount  of  moneys  expended  during  the  previous  year 
showing  each  item  of  expenditure,  the  methods  em- 
ployed, the  work  accomplished  and  any  other  informa- 
tion which  in  its  judgment  may  seem  pertinent,  or 
which  the  board  of  supervisors  may  demand.  Such 
report  shall  be  published  in  at  least  one  newspaper 
published  in  the  county. 

§  416.  Reservation  of  powers.  Nothing  in  this  article 
shall  be  construed  to  alter,  amend,  modify  or  repeal 
sections  twenty-six  to  thirty-two  inclusive,  of  this  law, 
or  of  any  of  the  provisions  of  the  drainage  law  except 
to  the  extent  that  the  provisions  of  this  article  are 
inconsistent  therewith. 

§  417.  Temporary  provision  for  nineteen  hundred  and 
sixteen.  If  a  commission  be  appointed  under  this  article 
before  June  first,  nineteen  hundred  and  sixteen,  such 
commission  shall,  on  or  before  the  first  day  of  July, 
nineteen  hundred  and  sixteen,  file  with  the  state  com- 
missioner of  health  in  accordance  with  the  provisions 
of  this  article  an  estimate  of  the  moneys  required  for 
the  year  nineteen  hundred  and  sixteen  and  a  plan  of 
the  work  to  be  done  and  the  methods  to  be  employed 
by  the  commission  during  such  year.  The  state  com- 
missioner of  health  shall  on  or  before  July  fifteenth 
consider  such  plans,  methods  and  estimates,  and  ap- 
prove, modify  or  alter  the  same  as  provided  by  section 
four  hundred  and  twelve,  and  forward  the  same  to  the 
treasurer  of  such  county,  who  shall  at  once  borrow,  on 
the  credit  of  such  county,  the  amount  specified  in  such 
estimate,  not  exceeding,  however,  the  amount  specified 
in  section  four  hundred  and  thirteen  of  this  chapter. 
Such  amount,  so  borrowed,  shall  be  a  county  charge  and 
shall  be  included  by  the  board  of  supervisors  in  the  tax 
levy  for  the  ensuing  year.  The  moneys  so  borrowed 
shall  be  paid  by  the  county  treasurer  to  the  mosquito 
extermination  commission,  according  to  the  provisions 
of  section  four  hundred  and  fourteen  of  this  chapter. 


Naecotic   Drug  Control  279 

§  418.  Obstructions;  interferences.  Any  person  who 
obstructs  or  interferes  with  the  entry  of  the  commission 
or  its  employees  upon  land  or  who  obstructs  or  inter- 
feres with,  molests,  or  damages  any  of  the  work  per- 
formed by  the  commission  shall  be  guilty  of  a 
misdemeanor. 

ARTICLE   XXII 

Narcotic  drug  control 

(Added  by  L.  1918,  ch.  639,  in  effect  Feb.  1,  1919) 

Section  420.  Definitions. 

421.  Department  of  narcotic  drug  control,  com- 

missioner; powers  and  duties. 

422.  Deputies;  secretary:  employees. 

423.  Acts  prohibited;  registry. 

424.  Manufacturer  to  have  certificate. 

425.  Wholesaler  to  have  certificate. 

426.  Orders  upon  official  blanks. 

427.  Acts  permitted. 

428.  Possession   of   drugs   further   restricted. 

429.  Labels. 

430.  Possession  of  drugs  authorized  by  labels. 

431.  Administration  of  drugs  by  hospitals   and 

institutions., 

432.  Private    hospitals    and    institutions    to    be 

authorized. 

433.  Hypodermic  syringe. 

434.  Eecords  and  reports. 

435.  Drugs  to  be  delivered  to  department. 

436.  Exemptions  from  restrictions. 

437.  Eecords  confidential. 

438.  Commitment  of  addicts;    procedure;    treat- 

ment; discharge. 

439.  Voluntary  hospital  commitment. 

440.  Fraud,  deceit,  et  cetera. 

441.  False  representations,  et  cetera, 

442.  Revocation  of  licenses. 


280  The  Public  Health  Manual 

Section  443.  Penalties. 

444.  Exceptions  and  exemptions  not  required  to 

be  negatived. 

445.  Construction  of  article. 

Definitions        §  4-20.  Definitions.    As  used  in  this  article: 

1.  Association.  The  term  "  association  "  includes  any 
combination  of  two  or  more  persons,  not  incorporated 
nor  constituting  a  copartnership. 

2.  Person.  The  term  "  person  "  includes  any  corpora- 
tion, association,  copartnership  or  one  or  more  indi- 
viduals. 

3.  Department.  The  term  "  department "  means  the 
department  of  narcotic  drug  control  as  hereby  con- 
stituted. 

4.  Commissioner.  The  term  "  commissioner "  means 
the  commissioner  of  narcotic  drug  control  hereby  created. 

5.  Physician.  The  term  "  physician  "  means  a  licensed 
practitioner  of  medicine  as  defined  by  article  eight  of 
this  chapter. 

6.  Apothecary.  The  term  "  apothecary "  means  a 
licensed  pharmacist  or  druggist  as  defined  by  article 
eleven  of  this  chapter. 

7.  Dentist.  The  term  "  dentist "  means  a  licensed 
practitioner  of  dentistry  as  defined  by  article  nine  of 
this  chapter. 

8.  Veterinarian.  The  term  "veterinarian "  means  a 
licensed  practitioner  of  veterinary  medicine  as  defined 
by.  article  ten  of  this  chapter. 

9.  Medicine.  The  term  "  medicine  *  means  a  drug  or 
preparation  of  drugs  in  suitable  form  for  use  as  a 
remedial  or  curative  substance. 

10.  Sale.  The  term  "  sale  "  includes  offer  for  sale  and 
each  sale  made  by  any  person,  whether  principal 
proprietor,  agent,  servant  or  employee. 

11.  Dispense.     The    term    "dispense"    includes    dis- 


Narcotic   Drug   Control  281 

tribute,  leave  with,  give  away,  dispose  of,  and  deliver 
to  or  to  an  agent  to  be  delivered  to. 

12.  Administer.  The  term  "  administer "  is  limited 
to  personal  administration. 

13.  Cocaine.  The  term  "  cocaine  "  shall  include  coca  cocaine 
leaves  or  any  compound,  manufacture,  salt,  derivative    e 

or  preparation  thereof  including  alpha  or  beta  eucaine 
or  any  of  their  salts  or  any  synthetic  compound  of  any 
of  them,  but  shall  not  include  decocanized  coca  leaves 
or  preparations  made  therefrom  or  other  preparations 
of  coca  leaves  which  do  not  contain  cocaine. 

14.  Opium  or  its  derivatives.     The  term  "  opium  or  "  opium 
its  derivatives  "  shall  include  opium,  morphine,  codeine,  deriva- 
heroin,  and  any  compound,  manufacture,  salt,  derivative  Penned 
or  preparation  of  any  of  them. 

15.  Habit  forming  drugs.  The  term  "habit  forming  "Habit 
drugs  "  shall  mean  cocaine  and  opium  or  its  derivatives  3%™^ 
as  herein  defined.  defined 

16.  Manufacturer.  The  term  "  manufacturer  "  means 
one  who  produces  or  prepares  habit  forming  drugs  from 
the  crude  materials  or  other  products  or  by-products 
for  the  use  of  the  drug  trade. 

17.  Wholesaler.  The  term  "wholesaler"  includes 
jobber  and  means  one  who  sells  habit  forming  drugs  in 
substantial  quantities  to  the  trade  or  for  commercial  or 
manufacturing  purposes,  but  not  in  quantities  for  per- 
sonal use  or  individual  consumption  and  who  does  not 
sell  at  retail. 

18.  The  term  "  lawful  quantity  "  used  in  connection  ««  Lawful 
with  opium  or  its  derivatives  means:  if  opium  not  more  defined^ 
than  two  grains,  if  codeine  not  more  than  one  grain,  if 
morphine  not  more  than  one-fourth  of  a  grain  or  if 
heroin  not  more  than  one-eighth  of  a  grain  in  one  fluid 
ounce,  or  if  a  solid  or  semi-solid  preparation  in  one 
avoirdupois  ounce.     Such  term  whenever  used  shall  not 

apply  to  cocaine. 


2S2 


The  Public  Health  Manual 


Depart- 
ment   of 
drug 
control 


Commis- 
sioner 


Bond 


Salary 


§  421.  Department    of    drug    control;    commissioner; 
powers  and  duties.     There  is  hereby  created  a  depart- 
ment of  narcotic  drug  control,  the  head  of  which  shall 
be    the    commissioner    of    narcotic    drug    control.      The 
governor,  by  and  with  the   advice  and  consent   of  the 
senate,  shall  appoint  a  commissioner  of  narcotic  drug 
control  who   shall  hold  his   office   for  the  term   of.  six 
years  and  until  his  successor  is  appointed  and  shall  have 
qualified.     A  commissioner  shall  in  like  manner  be  ap- 
pointed upon  the  expiration  of  the  term.     If  a  vacancy 
occur  in  the  office  of  commissioner  it  shall  be  filled  in 
like  manner  for  the  residue  of  the  term.     The  commis- 
sioner shall  execute  and  file  with  the  comptroller  of  the 
state  a  bond  to  the  people  of  the  state  in  the  sum  of  five 
thousand  dollars,  with  sureties  to  be  approved  by  the 
comptroller,   conditioned   for   the  faithful   discharge   of 
his  duties  and  for  the  due  accounting  for  all  moneys  re- 
ceived by  him  as  such  commissioner.     The  commissioner 
shall  receive  an  annual  salary  of  six  thousand  dollars 
and  his  necessary  expenses,  which  salary  shall  be  pay- 
able in  equal  monthly  installments.     The  commissioner 
Rules    and    i,s  hereby  empowered  to  make  all  needful  or  helpful  rules, 
regulations   regulations,  rulings  and  decisions  which  in  his  judgment 
may  be  neeessary  or  proper  to  supplement  or  effectuate 
the  purposes  and  intent  of  this  article  or  to  interpret 
or  clarify  its  provisions  or  to  provide  the  procedure  or 
detail  requisite  in  his  judgment  to  effectually  secure  the 
proper     enforcement     of    its    provisions,    which    rules, 
regulations,    rulings    and    decisions,    when    made    and 
promulgated  by  the  commissioner,   shall  become   rules, 
regulations,    rulings    and   decisions    of   the   department, 
and  until  modified  or  rescinded   shall  have  all  of  the 
Districts       force    and    effect    of    statute.     The    commissioner    may 
omres  divide  the  state  into  not  to  exceed  four  districts  and 

maintain  a  branch  administrative  office  in  each,  except 


Narcotic   Drug   Control  283 

that  in  which  the  capitol  is  located.  It  shall  be  the  duty 
of  the  commissioner  to  enforce  the  provisions  of  this 
article  and  all  of  the  rules,  regulations,  rulings  and 
decisions  of  the  department.    The  commissioner  may  for  Powers    of 

*  .  commis- 

cause  deemed  by  him  to  be  sufficient,  after  having  given  sioner 
reasonable  notice  and  opportunity  to  be  heard,  revoke 
any  certificate  of  authority  issued  by  the  department 
and  revoke,  cancel  or  withhold,  official  blanks  issued  or 
applied  for.  The  commissioner  shall  obtain  data  and 
information  relative  to  the  extent  of  drug  addiction 
and  the  means  by  which  it  can  be  controlled,  reduced 
or  eliminated  and  the  means  and  methods  used  in  its 
treatment.  He  shall  have  the  power  to  inspect  and 
examine  any  hospital,  sanatorium,  institution  or  place 
in  which  persons  are  treated  for  drug  addiction.  He 
shall  report  annually  to  the  legislature  with  such  recom- 
mendations as  he  may  deem  warranted.  The  commis- 
sioner and  each  of  his  deputies  shall  have  the  power  to 
administer  oaths,  compel  the  attendance  of  witnesses, 
the  production  of  books  and  papers  and  to  take  proof 
and  testimony  concerning  all  matters  within  the  juris- 
diction of  the  department  and  in  such  connection  no 
communication  made  to  a  physician  shall  be  deemed 
confidential.  The  commissioner  shall  fix  the  prices  to 
be  paid  for  blanks  procured  from  the  department  and 
the  fees,  not  specifically  fixed  herein  to  be  paid  upon 
the  issuance  of  any  certificate  of  authority  authorized 
to  be  issued  by  the  department.  The  trustees  or  other 
officers  having  by  law  the  custody  of  public  buildings  at 
the  state  capitol  shall  provide  for  and  assign  to  the 
commissioner  offices  for  conducting  the  business  of  the 
department. 

§  422.  Deputies;  secretary;  employees.     The  commis-  Deputies 
sioner    may    appoint    and    at    pleasure    remove    three 
deputy  commissioners  to  be  known  as  first,  second  and 
third  deputy  commissioner   respectively.      Each  deputy 


The  Public  Health  Manual 


commissioner  shall  within  the  territorial  district  of  the 
state  in  and  for  which  he  may  be  assigned  to  duty 
exercise  all  of  the  powers  of  the  commissioner  except 
the  power  of  appointment  to  positions,  the  power  to 
grant  and  revoke  certificates  of  authority  and  the  power 
of  making  and  promulgating  rules,  regulations,  rulings 
and  decisions.  Each  deputy  commissioner  shall  receive 
an  annual  salary  of  three  thousand  five  hundred  dollars 
and  his  necessary  traveling  expenses,  which  salary  shall 
be  payable  in  equal  monthly  installments.  The  com- 
missioner shall  appoint  and  may  at  pleasure  remove  a 
secretary,  who  shall  also  act  as  financial  clerk,  and, 
under  the  direction  of  the  commissioner  have  charge 
of  the  collection  of  the  receipts  and  disbursement  of  the 
moneys  appropriated  for  the  expenses  of  the  office.  The 
secretary  shall  receive  an  annual  salary  of  three  thou- 
sand dollars,  payable  in  equal  monthly  installments. 
The  secretary  and  each  deputy  commissioner  shall  give 
a  bond  to  the  people  of  the  state  in  the  sum  of  three 
thousand  dollars  with  such  sureties  as  shall  be  approved 
by  the  commissioner,  and  shall  before  entering  upon  the 
performance  of  his  duties  take  and  subscribe  the  con- 
stitutional oath  of  office.  The  commissioner  may  also 
appoint  counsel  and  such  employees  in  his  office  as  may 
be  necessary  and  fix  the  compensation  of  each  within 
the  appropriation  made  and  available  for  such  purpose. 
§  42'3.  Acts  prohibited;  registry.  No  person  shall 
possess,  sell,  distribute,  administer  or  dispense  cocaine 
or  opium  or  its  derivatives  except  as  expressly  and 
specifically  authorized  by  the  provisions  of  this  article 
and  any  unauthorized  possession,  sale,  distribution,  ad- 
ministration or  dispensation  of  such  drugs  is  hereby 
declared  to  be  dangerous  to  the  public  health  and  a 
menace  to  the  public  welfare.  No  manufacturer,  whole- 
saler, apothecary,  physician,  dentist,  veterinarian  or 
private  hospital,  sanatorium  or  institution  maintained 
or  conducted  in  whole  or  in  part  for  the  treatment  of 


Narcotic   Drug  Control  285 

disability  or  disease  or  inebriety  or  drug  addiction  shall 
purchase,  receive,  possess,  sell,  distribute,  prescribe,  ad- 
minister or  dispense  cocaine  or  opium  or  its  derivatives 
unless  prior  thereto  he  shall  have  registered  with  the  Registry 
department  his  name  or  style,  place  of  residence  and 
place  or  places  where  such  business  is  to  be  carried  on, 
and  received  from  the  department  a  certificate  author- 
izing him  to  carry  on  such  business.  During  the  month 
of  January  after  this  article  takes  effect  he  shall  so 
register  with  the  department.  During  each  month  of 
June,  thereafter  he  shall,  in  like  manner,  register  with 
the  department  and  for  such  second  and  each  subsequent  Fee 
registry  shall  pay  to  the  department  a  fee  of  one  dollar. 

&§  424.  Manufacturer  to  have  certificate.  Each  manu-  ^™.fsac~ 
facturer  shall  before  selling  or  distributing  any  cocaine  certificate 
or  opium  or  its  derivatives  within  or  for  use  or  dis- 
tribution within  the  state  make  application  to  and  re- 
ceive from  the  department  a  manufacturer's  narcotic 
drug  certificate  authorizing  the  sale  and  distribution  by 
him  of  such  drugs  within  or  for  use  or  distribution 
within  the  state.  He  may  sell  and  distribute  such 
drugs  within  or  for  use  or  distribution  within  the  state 
only  so  long  as  such  certificate  shall  remain  unrevoked. 

§  425.  Wholesaler  to  have  certificate.  Each  whole-  ^e°J,es" 
saler  shall,  before  selling  or  distributing  any  cocaine  or  certificate 
opium  or  its  derivatives  within  or  for  use  or  distri- 
bution within  the  state,  make  application  to  and  receive 
from  the  department  a  wholesaler's  narcotic  drug  cer- 
tificate authorizing  the  sale  and  distribution  by  him 
of  such  drugs  within  or  for  use  or  distribution  within 
the  state.  He  may  sell  and  distribute  such  drugs  within 
or  for  use  or  distribution  within  the  state  only  so  long 
as  such  certificate  shall  remain  unrevoked. 

§  426.  Orders  upon  official  blanks.    A  hospital,  sana-  °£ders 
torium  or  other  institution  maintained  by  the  United  official 
States  or  the  state  or  any  of  its  political  subdivisions, 
or  a  public  or  private  hospital  or  other  institution  in 


286  The  Public  Health  Manual 

which  persons  are  treated  for  disability  or  disease,  or  a 
public  hospital,  sanatorium  or  institution  in  which  per- 
sons are  treated  for  inebriety  or  drug  addiction,  or  a 
private  hospital,  sanatorium,  institution  or  place  in 
which  persons  are  treated  for  inebriety  or  drug  ad- 
diction which  shall  have  an  unrekoked  certificate  of 
authority  issued  by  the  department,  or  a  wholesaler, 
apothecary,  physician,  dentist  or  veterinarian  may 
possess  cocaine  or  opium  or  its  derivatives  only  after 
he  shall  have  obtained  the  same  from  the  department 
or  in  pursuance  of  a  written  order  to  the  manufacturer, 
wholesaler  or  apothecary  offering  to  sell  the  same  which 
shall  contain  the  date  of  the  order,  the  name  and  amount 
Dates  of  the  drug  ordered  and  the  name  and  address  of  the 

person  ordering  the  same,  which  said  order  shall  be 
made  in  triplicate  upon  serially  numbered  blanks  to  be 
procured  from  the  department.  The  person  giving  the 
order  shall  retain  one  of  such  triplicate  orders  on  file 
for  a  period  of  two  years  and  send  the  other  two  to  the 
person  to  whom  the  order  is  given,  who  shall  retain 
one  of  said  duplicates  on  file  for  a  period  of  two  years 
and  upon  filling  the  order  shall  forthwith  mail  the  other 
to  the  department.  No  order  shall  be  given  to  a  manu- 
facturer or  wholesaler  unless  such  manufacturer  or 
wholesaler  at  the  time  of  the  giving  of  such  order  is 
authorized  by  certificate  of  the  department  to  sell  or 
distribute  the  drug  ordered  within  or  for  use  or  dis- 
tribution within  the  state. 

§  427.  Acts  permitted.     Subject  to  the  rules,   regu- 
lations, rulings  and  decisions  of  the  department  govern- 
ing the  same, 
Prepara-  1.  Preparations  and  remedies.     A  person  may  manu- 

rernedies  facture,  sell,  dispose  or  possess  preparations  and 
remedies,  not  otherwise  prohibited  by  law,  which  do  not 
contain  more  than  lawful  quantity  of  opium  or  its 
derivatives;  also  liniment,  oinments  and  other  prepara- 
tions containing  any  of  such  drugs  which  are  prepared 


Narcotic   Drug  Control  2S', 

and  suitable  for  external  use  only;  provided  that  such 
remedies  and  preparations  are  manufacured,  sold,  dis- 
pensed or  possessed  as  medicines  and  not  for  the  pur- 
pose of  evading  the  intention  and  purpose  of  this  article. 

2.  Veterinarians.     A  veterinarian  may  possess  cocaine  Veterina- 
or   opium   or   its   derivatives  in   such   quantities   as  he  nans 
may  require  for  the  purpose  of  administering  or  dis- 
pensing and  may  administer  or  dispense  the  same  in  the 
course  of  his  professional  practice.     He  may  prescribe 

any  of  such  drugs  but  not  for  use  by  a  human  being. 
Each  prescription  issued  by  him  shall  be  signed  by  him 
and  contain  in  legible  English  the  name  and  amount  of 
the  drug  prescribed,  the  name  and  address  of  the  owner 
of  the  animal  for  which  and  the  date  the  prescription  is 
issued. 

3.  Dentists.     A  dentist  may  possess  cocaine  or  opium  Dentists 
or  its  derivatives  in  such  quantities  as  he  may  require 

for  the  purpose  of  administering  the  same  in  the  course 
of  his  professional  practice.  He  may  administer  the 
same  to  persons  under  his  immediate  treatment  but 
only  in  quantities  necessary  for  such  treatment. 

4.  Apothecaries.      An    apothecary   may,   upon    a   pre-  Apotne- 

C3.T  16  S 

scription  written  upon  an  unofficial  prescription  blank, 
signed  by  and  containing  the  office  address  of  a  physician  unofficial 
and  the  name,  age  and  address  of  the  person  for  whom  t[o^°rip" 
and  the  date  when  issued,   dispense  cocaine   or   opium  blanks 
or  its  derivatives  provided   such  prescription  does  not 
contain  more  than  five  grains  of  cocaine  or  more  than 
thirty   grains    of    opium    or    more    than    six   grains    of 
codeine    or    more    than    four    grains    of    morphine    or 
more     than     two     grains     of     heroin;      also     upon     a 
like    prescription    if   it   contain    any    of    such   drugs   in 
excess  of  said  respective  quantities  if  it  be  stated  upon 
the  prescription  that  it  is  to  be  used  in  the  treatment 
of  a  surgical  case  or  a  disease  other  than  drug  addic- 
tion.     Each    such    original   prescription,    serially   num- 
bered,  shall  be  kept  by  him   in   a  separate  file  for   a 


288 


The  Public  Health  Manual 


Official 
prescrip- 
tion 
blanks 


Not    to    be 
refilled 

Veterin- 
arian's 
prescrip- 
tion 


Not   to    be 
refilled 


Physicians 


Unofficial 
prescrip- 
tion 
blanks 


period  of  two  years  and  such  prescription  shall  not  be 
refilled;  provided,  however,  that  if  any  such  prescription 
does  not  contain  more  than  "lawful  quantity  of  any 
such  drug  it  need  not  be  separately  filed;  and  provided 
further  that  if  any  such  prescription  call  for  an  exempt 
preparation  or  remedy  prepared  in  accordance  with  the 
"  U.  S.  P.",  "  N".  F."  or  other  recognized  or  established 
formula  usually  carried  in  stock  by  a  dealer  and  sold 
without  a  prescription  it  need  not  be  separately  filed 
and  may,  upon  request,  be  refilled. 

He  may  also,  upon  the  prescription  in  writing,  signed 
by  a  physician  and  containing  his  office  address  and  the 
name,  age  and  address  of  the  person  for  whom  and 
the  date  when  issued,  within  four  days  from  such  date, 
otherwise  dispense  cocaine  or  opium  or  its  derivatives 
within  or  in  excess  of  the  quantities  hereinbefore  men- 
tioned if  such  prescription  be  written  upon  a  serially 
numbered  official  prescription  blank  delivered  to  him  in 
duplicate  provided  he  keep  one  of  said  duplicates  in  a 
separate  file  for  a  period  of  two  years  and  within 
twenty-four  hours  mail  the  other  duplicate  to  the 
department.     Such  prescription  shall  not  be  refilled. 

He  may  also  upon  the  prescription  in  writing  dated 
and  signed  by  a  veterinarian  and  containing  his  office 
address  and  the  name  and  address  of  the  owner  of  the 
animal  for  which  the  drug  is  prescribed  dispense 
cocaine  or  opium  or  its  derivatives,  provided  he  keep 
such  prescription  on  file  for  a  period  of  two  years. 
Such  prescription  shall  not  be  refilled. 

5.  Physicians.  A  physician  may  in  the  course  of  the 
legitimate  practice  in  good  faith  of  his  profession  and 
for  the  purpose  of  relieving  or  preventing  pain  or  suf- 
fering on  the  part  of  a  patient,  or  to  effect  a  cure, 
administer,  prescribe  or  dispense  cocaine  or  opium  or 
its  derivatives  as  follows: 

He  may  upon  an  unofficial  prescription  blank  issue  a 
prescription    which    does    not    contain    more    than    five 


Narcotic  Drug  Control  289 

grains  of  cocaine,  or  more  than  thirty  grains  of  opium 
or  more  than  six  grains  of  codeine  or  more  than  four 
grains  of  morphine  or  more  than  two  grains  of  heroin. 
He  may  also  upon  an  unofficial  prescription  blank  issue 
a  prescription  for  such  quantity  of  any  of  such  drugs 
in  excess  of  such  respective  quantities  as  may  reasonably 
be  required  in  the  treatment  of  a  surgical  case  or  a 
disease  other  than  drug  addiction,  provided  such  fact 
be  stated  upon  the  prescription.  Each  other  prescrip- 
tion for  any  of  such  drugs  shall  be  written  upon  a 
serially  numbered  official  prescription  blank  in  triplicate  official 
to  be  procured  from  the  department,  signed  by  him  t|^cnp" 
and  containing  in  legible  English  or  Latin  the  name  blanks 
and  amount  of  the  drug  prescribed,  the  name,  age  and 
address  of  the  person  for  whom  and  the  date  when  the 
prescription  is  issued.  He  shall  issue  the  original  and 
one  other  of  such  triplicate  prescriptions  for  delivery 
to  an  apothecary  and  shall  retain  the  other  copy  on  file 
for  a  period  of  two  years. 

He  may  administer  or  dispense  to  a  patient  whom  he  Adminis- 
is  treating  not  to  exceed  two  grains  of  cocaine  or  fifteen    erins 
grains    of    opium    or    three   grains    of    codeine    or    two 
grains  of  morphine  or  one-fourth  of  a  grain  of  heroin. 

He  may  while  absent  from  his  office  in  personal  at- 
tendance upon  a  patient  whom  he  is  treating  dispense,  pispens- 
to  be  taken  in  his  absence,  not  to  exceed  fifteen  grains 
of  opium  or  three  grains  of  codeine  or  two  grains  of 
morphine  or  one-fourth   of  a  grain  of  heroin. 

If  he  otherwise  administer  or  dispense  any  of  such 
drugs  he  shall  record  in  writing  upon  a  serially  num- 
bered official  physician's  dispensing  blank  in  duplicate  Official 
to  be  procured  from  the  department,  in  legible  English  dispen^11  S 
or  Latin  the  name  and  quantity  of  the  drug  and  the  ins  blanks 
form  in  which  administered  or  dispensed,  the  name,  age 
and  address  of  the  person  for  whom  and  the  date  when 
administered  or  dispensed  and  shall  sign  the  same.     He 
shall  keep  the  original   of   such  dispensing  blanks  on 
10 


290 


The  Public  Health  Manual 


Provisions 
may    be 
modified 


Possession 
of    drugs 
further 
restricted 


Labels 


Author- 
ized   pos- 
session of 
drugs    by 
consumer 


file  for  at  least  two  years  and  shall,  within  twenty-four 
hours,  mail  the  copy  to  the  department. 

The  provisions  of  this  section  relating  to  the  coiv 
ditions  under  which  unofficial  and  official  prescription 
and  dispensing  blanks  may  be  used  are,  to  the  depart- 
ment, directory  only  and  may  by  rule  or  regulation  of 
the  department,  from  time  to  time,  be  changed  or 
modified  to  meet  existing  conditions. 

§  428.  Possession  of  drugs  further  restricted.  No 
manufacturer,  wholesaler,  apothecary,  physician,  dentist 
or  veterinarian  shall  obtain,  possess,  control,  distribute 
or  dispense  any  cocaine  or  opium  or  its  derivatives  for 
any  purpose  other  than  the  use,  sale  or  distribution 
thereof  by  him  in  the  conduct  of  a  lawful  business  in 
said  drugs  or  in  the  legitimate  conduct  or  practice  in 
good  faith  of  his  business  or  profession. 

§  429.  Labels.  Whenever  an  apothecary  pursuant  to 
a  prescription  written  upon  an  official  prescription 
blank  shall  dispense  cocaine  or  opium  or  its  derivatives 
or  whenever  a  physician  shall  dispense  any  of  such 
drugs  a  record  of  which  is  required  to  be  kept  upon 
an  official  physician's  dispensing  blank,  he  shall  securely 
affix  to  the  container  of  such  drug  a  label  stating  in 
legible  English  the  name  and  address  of  the  physician 
prescribing  or  dispensing  and  the  apothecary,  if  any, 
dispensing  and  the  date  when  and  the  name  and  ad- 
dress of  the  person  for  whom  and  name  and  quantity 
of  the  drug  dispensed  and  contained  in  the  container. 

§  430.  Authorized  possession  of  drugs  by  consumer. 
A  person  for  whom  cocaine  or  opium  or  its  derivatives 
shall  have  been  dispensed  by  an  apothecary  or  physician, 
for  the  dispensing  of  which  no  label  is  required  to  be 
affixed  to  the  container,  and  the  owner  of  an  animal 
for  which  any  of  such  drugs  shall  have  been  dispensed 
by  a  veterinarian  or  an  apothecary  upon  the  prescrip- 
tion of  a  veterinarian  may  lawfully  possess  the  same. 
A  person  for  whom  any  of  such  drugs  shall  have  been 


Xarcotic   Drug   Control  291 

dispensed  by  an  apothecary  or  physician  for  the  dis- 
pensing of  which  a  label  is  required  to  be  affixed  to  the 
container  may  lawfully  possess  in  the  container  delivered 
to  him  by  the  apothecary  or  physician  and  upon  which 
the  label  signed  by  the  apothecary  or  physician  is 
affixed  an  amount  of  such  drug  not  exceeding  that 
stated  upon  the  label. 

§  431.  Administration  of  drugs  by  hospitals  and  in-  Adminis- 
stitutions.     A  hospital,  sanatorium  or  other  institution  ^mg^by0* 
maintained  by  the  United  States  or  the  state  or   any  hospitals 

.  .  and     insti- 

of  its  political  subdivisions,  or  a  public  hospital  or  other  tutions 
institution  in  which  persons  are  treated  for  disability 
or  disease  other  than  drug  addiction  or  a  public  hos- 
pital, sanatorium  or  institution  in  which  persons  are 
treated  for  inebriety  or  drug  addiction  or  a  private 
hospital  or  institution  registered  with  the  department 
in  which  persons  are  treated  for  disability  or  disease 
other  than  drug  addiction  or  a  private  hospital, 
sanatorium,  institution  or  place  in  which  persons  are 
treated  for  inebriety  or  drug  addiction  and  which  shall 
have  an  unrevoked  certificate  of  authority  issued  by  the 
department  may,  under  the  supervision  of  a  physician, 
administer  cocaine  or  opium  or  its  derivatives  to 
inmates  who  are  under  treatment  as  patients. 

§  432.  Private     hospitals     and     institutions     to     be  Private 
authorized.     Cocaine  or  opium  or  its  derivatives   shall  andP1in-S 
not  be  administered  in  nor  shall  any  person  be  treated  stations 

^    L  to  be  au- 

for  inebriety  or  drug  addiction  in  a  private  hospital,  thorized 
sanatorium,  institution  or  place  maintained  or  con- 
ducted in  whole  or  in  part  for  the  treatment  of 
inebriety  or  drug  addiction  unless  a  certificate  of 
authority  shall  first  have  been  procured  from  the 
department  authorizing  the  same  and'  then  only  so 
long  as  such  certificate  shall  remain  unrevoked. 

§  433.  Hypodermic    syringe.      Xo    person    except    a  H>p°der- 
dealer   in   surgical   instruments,   apothecary,   physician,  syringe 
dentist,  veterinarian  or  nurse,  attendant  or  interne  of 


292 


The  Public  Health  Manual 


Manufac- 
turer's 
records 
and 
reports 


Whole- 
saler's    , 
recordis    and 
reports 


a  hospital,  sanatorium  or  institution  in  which  persons 
are  treated  for  disability  or  disease  shall  at  any  time 
have  or  possess  a  hypodermic  syringe  or  needle  unless 
such  possession  be  authorized  by  the  certificate  of  a 
physician  issued  within  the  period  of  one  year,  prior 
thereto. 

§  434.  Records  and  reports.  1.  Manufacturers.  Each 
manufacturer  who  shall  sell  or  distribute  any  cocaine 
or  opium  or  its  derivatives  within  or  for  use  or  distri- 
bution within  the  state  shall  keep  a  record  in  detail 
of  all  such  drugs  manufactured  by  him  and  a  record  of 
all  such  drugs  sold  or  distributed  by  him  within  or  for 
use  or  distribution  within  the  state  which  record  shall 
contain  the  date  of  each  such  sale  or  distribution,  the 
name  and  amount  and  form  of  each  such  drug  so  sold  or 
distributed  and  the  name  and  address  of  each  person 
to  whom  so  sold  or  distributed.  He  shall  quarterly,  or 
oftener  if  required  by  the  commissioner,  make  and  mail 
to  the  department  a  detailed  report,  on  oath,  setting 
forth  all  of  the  information  contained  in  such  records. 

2.  Wholesalers.  Each  wholesaler  who  shall  purchase 
or  receive  or  sell  or  distribute  any  cocaine  or  opium 
or  its  derivatives  within  the  state  or  for  use  or  distri- 
bution within  the  state  shall  keep  a  record  in  detail  of 
all  such  drugs  so  purchased  or  received  by  him  which 
shall  contain  the  date  of  each  purchase  or  receipt,  the 
name  and  address  of  the  person  from  whom  and  the 
name  and  quantity  of  each  such  drug  so  purchased  or 
received.  He  shall  also  keep  a  like  record  in  detail  of 
all  such  drugs  sold  or  distributed  by  him  within  or  for 
use  or  distribution  within  the  state  which  shall  contain 
the  date  of  each  such  sale  or  distribution,  the  name, 
amount  and  form  of  each  such  drug  so  sold  or  distri- 
buted and  the  name  and  address  of  each  person  to  whom 
so  sold  or  distributed.  He  shall  quarterly,  or  oftener  if 
required  by  the  commissioner,  mail  to  the  department 


Narcotic  Drug  Control  293 

a  detailed  report  on  oath  setting  forth  all  of  the 
information  contained  in  such  records. 

3.  Apothecaries.       Each     apothecary     shall     keep     a  Apothe- 
record  of  all  cocaine  or  opium  or  its  derivatives  pur-  fjords 
chased  or  received  by  him  which  shall  contain  the  date  and  reports 
of  each  purchase  or  receipt,  the  name  and  address  of 

each  person  from  whom  and  the  name  and  quantity  of 
each  such  drug  purchased  or  received.  He  shall  also 
keep  a  record  of  the  amount  of  each  of  such  drugs 
sold  by  him  at  wholesale  or  sold  or  dispensed  by  him 
upon  official  order  blanks  which  shall  contain  the  date 
when,  the  name  and  address  of  each  person  to  whom 
and  the  name  and  quantity  of  each  such  drug  so  dis- 
pensed. He  shall  also  keep  a  record  of  the  amount  of 
each  of  such  drugs  used  by  him  in  the  preparation  of 
preparations  and  remedies,  together  with  the  amount 
used  for  each  such  purpose  and  how  such  preparations 
or  remedies  have  been  disposed  of.  He  shall  also  keep 
a  record  of  the  gross  amount  of  each  of  such  drugs 
dispensed  by  him  upon  prescription.  He  shall  as 
required  by  the  commissioner,  make  and  mail  to  the 
department  a  report  setting  forth  such  of  the  infor- 
mation contained  in  such  records  as  the  commissioner 
may  require,  together  with  the  amount  of  each  such 
drug  on  hand  upon  the  date  of  such  report. 

4.  Physicians.      Each   physician   shall   keep   a   record  physician's 
of  all  cocaine  or  opium  or  its  derivatives  purchased  or  ^c^rds 
received  by  him,  which  shall  contain  the  date  of  each  reports 
purchase    or    receipt,    the    name    and    address    of    each 

person  from  whom  and  the  name  and  quantity  of  each 
such  drug  purchased  or  received.  He  shall  also  keep 
a  record  of  the  gross  amount  of  each  of  such  drugs 
administered  by  him  to  patients,  dispensed  by  him  to 
patients  while  absent  from  his  office  in  personal 
attendance  upon  them  and  dispensed  by  him  to  patients 
in  quantity  not  exceeding  lawful  quantity.  He  shall 
also   keep    a    record   of    each   of    such   drugs   otherwise 


294 


The  Public  Health  Manual 


Institu- 
tions, 
records 
and 
reports 


Dentists 
and    veter- 
inarians' 
records 
and 
reports 


dispensed  by  him  which  shall  contain  the  date  when, 
the  name  and  address  of  each  person  to  whom  and  the 
name  and  amount  of  each  such  drug  so  dispensed.  He 
shall,  as  required  by  the  commissioner,  make  and  mail 
to  the  department  a  report  setting  forth  such  of  the 
information  contained  in  such  records  as  the  com- 
missioner may  require,  together  with  the  amount  of 
each  such  drug  on  hand  upon  the  date  of  such  report. 

5.  Hospitals,  sanatoriums  and  other  institutions. 
Each  hospital,  sanatorium  or  other  institution  author- 
ized by  the  provisions  of  this  article  to  administer 
cocaine  or  opium  or  its  derivatives  shall  keep  a  record 
which  shall  contain  the  date  of  each  purchase  or 
receipt,  the  name  and  address  of  each  person  from 
whom  and  the  name  and  quantity  of  each  such  drug- 
purchased  or  received.  It  shall  also  keep  a  record  of 
the  gross  amount  of  each  such  drug  administered.  It 
shall  as  required  by  the  commissioner,  make  and  mail 
to  the  department  a  report  setting  forth  the  infor- 
mation contained  in  such  records,  together  with  the 
amount  of  each  such  drug  on  hand  upon  the  date  of 
such  report. 

6.  Dentists  and  veterinarians.  Each  dentist  and 
veterinarian  shall  keep  a  record,  which  shall  contain 
the  date  of  each  purchase  or  receipt  by  him  of  cocaine 
or  opium  or  its  derivatives  the  name  of  each  person 
from  whom  and  the  name  and  amount  of  each  such 
drug  purchased  or  received.  Each  dentist  shall  also 
keep  a  record  of  the  gross  amount  of  each  such  drug 
administered.  Each  veterinarian  shall  also  keep  a 
record  of  the  gross  amount  of  each  drug  administered 
or  dispensed.  He  shall  as  required  by  the  commis- 
sioner, make  and  mail  to  the  department  a  report  set- 
ting forth  the  information  contained  in  such  records, 
together  with  the  amount  of  each  drug  on  hand  upon 
the  date  of  such  report. 

The   commissioner  may  require   each   person   author- 


Narcotic   Drug   Control  295 

ized  to  manufacture,  distribute,  dispense,  sell,  prescribe 
or  administer  any  of  such  drugs,  to  keep  such 
additional  records  and  make  such  other  further  or 
different  reports  as  he  may  determine.  Each  prescrip- 
tion* written  upon  an  official  blank  and  each  other 
record,  except  prescriptions  required  to  be  kept  by  an 
apothecary,  shall  be  contained  in  books  the  leaves  of 
which  shall  be  permanently  bound  together.  Each 
record  required  by  the  provisions  of  the  article  to  be 
kept  shall  be  kept  in  a  place  easily  accessible  and  shall 
be  accessible  to  the  department  for  a  period  of  at  least 
two  years. 

§  435.  Drugs    delivered    to    department.     All    drugs  Drugs 
which   have   been    seized   and   judicially   determined   to  to^epart- 
have  been   unlawfully  possessed   or  the  title  to  which  ment 
shall  have  ceased   and  the  same   shall  have  come  into 
the  hands  of  a  peace  officer  shall,  upon  the  direction 
of   a  court  or  magistrate,  be  delivered  to  the  depart- 
ment.    Drugs  may  be   surrendered  to  the  department. 
All  drugs  in  the  final  possession  of  the  department  may 
be  disposed  of  by  the  commissioner. 

§  43>6.  Exemptions  from  restrictions.     The  provisions  ExemP- 

tions    from 

of  this  article  restricting  the  possession  of  cocaine,  restric- 
opium  or  its  derivatives  shall  not  apply  to  common  10ns 
carriers  or  warehousemen  or  their  employees  engaged 
in  lawful  transportation  or  storage  of  such  drugs,  nor 
to  public  officers  or  employees  while  engaged  in  the 
performance  of  their  official  duties,  nor  to  temporary 
incidental  possession  on  the  part  of  employees  or 
agents  of  persons  lawfully  entitled  to  possession. 

§  43*7 .  Records  confidential.  All  papers,  records,  Records 
information,  statements,  and  data  filed  with  the  fidential 
department  or  kept  by  any  person  pursuant  to  the 
provisions  of  this  article,  and  all  records  of  proceed- 
ings or  actions  taken  by  the  commissioner  or  any  of 
his  deputies  pursuant  to  the  provisions  of  this  article, 
shall  be  regarded  as  confidential,  and  shall' not  be  open 


296 


The  Public  Health  Manual 


Commit- 
ment of 
addicts 


Procedure 


Discharge 


to  inspection  by  the  public  or  any  person  other  than 
the  official  custodian  of  such  records,  such  persons  as 
may  be  authorized  by  law  or  the  commissioner  to 
inspect  such  records,  and  the  persons  duly  authorized 
to  prosecute  or  enforce  the  federal  statutes  or  the  laws 
of  the  state  of  New  York,  but  then  only  for  the  purpose 
of  such  prosecution  or  enforcement.  No  employee  or 
other  person  shall  disclose  or  aid  in  the  disclosure  of 
such,  or  any  part  of  such  papers,  records,  information, 
statements,  or  data  to  any  person  not  authorized  by 
law  or  the  commissioner  to  inspect  the  .same. 

§  438.  Commitment  of  addicts;  procedure;  treat- 
ment; discharge.  The  habitual  use  of  cocaine,  opium 
or  its  derivatives,  except  as  administered,  prescribed  or 
dispensed  by  a  physician,  is  hereby  declared  to  be 
dangerous  to  the  public  health  and  safety.  Whenever 
a  complaint  is  made  to  any  magistrate  that  any  person 
is  so  addicted,  or  upon  the  voluntary  application  to 
him  of  an  addict,  he  may,  if  satisfied  of  the  truth 
thereof  and  that  the  person  is  suffering  from  such  drug 
addiction,  commit  such  person  to  a  state,  county  or 
city  hospital,  or  institution  licensed  under  the  state 
lunacy  commission  or  any  correctional  or  charitable 
institution  maintained  by  the  state  or  any  political 
subdivision  thereof,  or  private  hospital,  sanatorium  or 
institution  having  an  unrevoked  certificate  of  authority 
from  the  department,  for  the  treatment  of  disease  or 
inebriety.  Any  court  having  jurisdiction  of  a  defen- 
dant who  is  a  prisoner  in  a  criminal  action  or  pro- 
ceeding, if  it  appears  that  such  defendant  is  an  habitual 
user  of  any  of  such  drugs  and  is  suffering  as  a  result 
of  such  addiction,  may  likewise  commit  such  defendant, 
at  any  stage  of  such  action  or  proceeding  and  may 
direct  a  stay  of  proceedings,  or  suspend  sentence  or 
withhold  conviction  pending  the  period  of  such  com- 
mitment. Whenever  the  chief  medical  officer  of  such 
an  institution   shall  certify  to  the  committing  magis- 


.Narcotic   Drug   Control  297 

trate  or  court  that  any  person  so  committed  has  been 
sufficiently  treated,  or  give  any  other  reason  which  is 
deemed  by  the  magistrate  or  court  to  be  adequate  and 
sufficient,  he  may  in  accordance  with  the  terms  of  com- 
mitment discharge  the  person  so  committed,  or  return 
such  person  to  await  the  further  action  of  the  court, 
provided,  however,  that  when  such  a  commitment  is  to 
an  institution  under  the  jurisdiction  of  a  department 
of  correction,  or  other  similar  department  in  a  city 
of  the  first  class,  where  there  is  a  parole  commission 
established  pursuant  to  law,  such  commission  shall  act 
in  the  place  and  stead  of  a  chief  medical  officer  for  the 
purpose  of  making  such  a  certificate. 

§  43'9.  Voluntary  hospital  commitment.  Any  public  voluntary 
hospital,  sanatorium  or  institution  may  accept  as  a  c^^. 
charity  patient  any  person  voluntarily  applying  for  ment 
treatment  for  drug  addiction  and  any  such  institution 
may,  if  a  voluntary  applicant  signs  a  statement  that 
he  is  suffering  from  drug  addiction  and  desires  treat- 
ment, in  the  same  manner  and  subject  to  the  same 
rules  and  restrictions  as  if  committed  by  a  magistrate, 
receive  such  person  without  formal  commitment,  with 
like  effect  as  if  formally  committed,  subject  to  dis- 
charge when  sufficiently  treated,  or  for  any  other 
reason  deemed  adequate.  The  commissioner  or  any  local 
health  board  or  officer  may  likewise  on  such  an  appli- 
cation and  signed  statement  place  the  applicant  in  any 
hospital  receiving  such  patients  at  public  expense.  The 
department  shall  adopt  blank  forms  of  applications 
and  orders  for  such  treatment  and  on  request  shall 
furnish  copies  thereof  to  any  such  institution  or  officer. 
The  provisions  of  this  section  shall  not  restrict  the 
right  of  any  hospital,  sanatorium  or  institution  to 
accept  and  treat  patients  for  drug  addiction  at  other 
than  public  expense. 

§  440.  Fraud,   deceit,  et  cetera.     Any  fraud,  deceit,  Fraud, 
misrepresentation,      subterfuge,      concealment      of      a 


298 


The  Public  Health  Manual 


False 
repre- 

tentations 


Revoca- 
tion of 
licenses 


material  fact  or  the  use  of  a  false  name  or  the  giving 
of  a  false  address  in  obtaining  treatment  in  the  course 
of  which  cocaine  or  opium  or  its  derivatives  in  excess 
of  lawful  quantity  shall  be  prescribed  or  dispensed  or 
in  obtaining  any  supply  of  such  drugs  shall  constitute 
a  violation  of  the  provisions  of  this  article.  For  the 
enforcement  of  the  provisions  of  this  article  statements, 
representations  or  acts  herein  referred  to  shall  not  be 
privileged  as  confidential  communications. 

§  441.  False  representations,  et  cetera.  No  official 
blanks  shall  be  issued  to  any  person  who  shall  have 
been  convicted  of  a  violation  of  any  of  the  provisions 
of  this  article  unless  the  commissioner  be  satisfied,  from 
proof  presented  to  him,  that  such  violation  was  not 
wilful.  No  person  shall  for  the  purpose  of  obtaining 
any  quantity  of  cocaine  or  opium  or  its  derivatives 
falsely  assume  the  title  of  or  represent  himself  to  be  a 
wholesaler,  pharmacist,  "druggist,  physician,  dentist  or 
veterinarian  or  to  be  engaged  in  the  conduct  of  lawful 
business  in  or  use  or  distribution  of  any  of  such  drugs, 
nor  utter  any  false-  or  forged  order  or  prescription 
for  or  label  affixed  to  the  container  of  any  of  such 
drugs  or  alter,  deface  or  remove  any  such  label  or  keep 
any  false  record  or  make  any  false  report  under  the 
provisions  of  this  article. 

§  442.  Revocation  of  licenses.  Any  license  hereto- 
fore issued  to  any  physician,  dentist,  veterinarian, 
pharmacist,  druggist  or  registered  nurse  may  be 
revoked  or  suspended  by  the  proper  officers  or  boards 
having  power  to  issue  licenses  to  any  of  the  foregoing 
upon  proof  that  the  licensee  is  addicted  to  the  use  of 
any  habit-forming  drug  or  drugs  after  giving  such 
licensee  reasonable  notice  and  opportunity  to  be  heard. 
Whenever  it  shall  appear  that  such  licensee  has  fully 
...  recovered  and  is  no  longer  an  addict  to  any  of  such 
drugs,  such  board  may  grant  a  rehearing  and  in  its 
discretion    reissue    or    reinstate    the    license    of    such 


Xaecotic   Drug   Control  299 

licensee.  Whenever  any  pharmacist,  druggist,  physi- 
cian, dentist,  veterinarian  or  registered  nurse  shall 
have  been  convicted  of  the  violation  of  any  of  the  pro- 
visions of  this  article,  any  officer  or  board  having  power 
to  issue  licenses  to  any  such  physician,  dentist,  veter- 
inarian, pharmacist,  druggist  or  registered  nurse  may, 
after  giving  such  licensee  reasonable  notice  and 
opportunity  to  be  heard,  suspend  or  revoke  the  same. 

•§  443.  Penalties.     A   violation   of   any   of   the   pro-  penalties 
visions  of  this  article  shall  constitute  a  misdemeanor. 

§  444.  Exceptions  and  exemptions  not  required  to  "be  Excep- 

..,'.,,'  tions    and 

negatived.     In  any  complaint,  information,  indictment  exemp- 
or  other  writ  or   in  any  action  or  proceeding  laid  or  required0 
brought  under   or   for  the   enforcement  of   any  of  the  t0  be 

°  negatived 

provisions  of  this  article  it  shall  not  be  necessary  to 
negative  an  exception  or  exemption  and  the  burden  of 
proof  shall  be  upon  the  defendant  or  person  proceeded 
against  to  establish  affirmatively  any  exception  or 
exemption   claimed. 

§  445.  Construction  of  article.  The  provisions  of  this  construc- 
article  shall  be  construed  not  as  an  act  in  derogation  of  article 
the  powers  of  the  state  but  as  one  intended  to  aid  the 
state  in  the  execution  of  its  duties,  and  shall  be 
liberally  construed  so  as  to  carry  into  effect  the  objects 
and  purposes  hereof.  The  provisions  of  this  article, 
so  far  as  they  are  substantially  the  same,  or  cover  the 
same  subject-matter,  as  those  of  any  law  repealed  by 
this  act,  shall  be  construed  as  a  continuance  of  such 
repealed  law,  modified  or  amended,  according  to  the 
language  employed  herein  and  not  as  new  enactments. 
References  in  a  law  not  repealed  to  the  provisions  of 
any  law  incorporated  into  this  article  or  repealed  by 
this  act  shall  be  construed  as  applying  to  the  pro- 
visions so  incorporated.  The  meaning  and  effect  of  the 
terms  and  language  used  herein  shall  be  construed  in 
accordance  with  the  provisions  of  the  statutory  con- 
struction law. 


300 


The  Public  Health  Manual 


Actions 
pending, 
not 
affected 


§  2.  The  repeal  of  a  law,  or  any  part  of  it  by  the 
provisions  of  this  act,  shall  not  affect  or  impair  any 
act  done  or  right  accruing,  accrued,  or  acquired,  or 
penalty,  forfeiture  or  punishment  incurred  prior  to  the 
time  when  this  act  takes  effect  under  or  by  virtue  of  the 
law  so  repealed,  but  the  same  may  be  asserted,  enforced, 
prosecuted  or  inflicted  as  fully  and  to  the  same  extent 
as  if  such  law  had  not  been  repealed;  and  all  actions 
or  proceedings,  civil  or  criminal,  commenced  under  or 
by  virtue  of  any  law  so  repealed  and  pending  when  this 
act  takes  effect,  may  be  prosecuted  and  defended  to 
final  effect  in  the  same  manner  as  they  might  under 
any  such  law  so  repealed. 

§  3.  All  of  article  eleven-a  of   chapter  forty-nine  of 

the  laws  of  nineteen  hundred   and  nine,   entitled  "xAri 

act  in  relation  to  the  public  health,  constituting  chapter 

forty-five    of    the    consolidated    laws,"    as    added    by 

Art.   xia      chapter  three  hundred   and  sixty- three  of  the  laws  of 

Health         nineteen    hundred    and    fourteen    and    as    subsequently 

Pa!Lfnd  ,  added  to  and  amended,  and  sections  seventeen  hundred 

S    1/45    and  ' 

§  1746  of      an(i  forty-five  and  seventeen  hundred  and  fortv-six   of 

Penal     Law  " 

repealed  chapter  eighty-eight  of  the  laws  of  •  nineteen  hundred 
and  nine,  entitled  "An  act  providing  for  the  punish- 
ment of  crime,  constituting  chapter  forty  of  the  con- 
solidated laws,"  as  added,  substituted  or  amended; 
and  all  acts  or  parts  of  acts  inconsistent  with  the  pro- 
visions of  this  act  are  hereby  repealed,  such  repeal  to 
take  effect  on  the  first  day  of  February,  nineteen 
hundred  and  nineteen. 

§  4.  Sections  four  hundred  and  twenty-one  and  four 
hundred  and  twenty-two  of  this  article  and  so  much  of 
section  four  hundred  and  twenty- three  of  this  article 
as  pertains  to  registry  shall  take  effect  on  the  first  day 
Date   of       of  November,  nineteen  hundred  and  eighteen,  the  other 
effect  sections  of  such  article  shall  take  effect  on  the  first  day 

of  Februarv,  nineteen  hundred  and  nineteen. 


Bueeau  or  Venereal  Diseases  301 


CHAPTER  342.* 

Establishing  a  bureau  of  venereal  disease  and  making 
an  appropriation  therefor. 

Section  1.  There   is   hereby   established   in   the   state  Bureau    of 
department  of  health  a  bureau  of  venereal  diseases.       dfseases 

§  2.  Said  bureau  shall  be  under  the  direction  of  the 
state  commissioner  of  health  who  shall  appoint  all 
necessary  employees  thereof  and  fix  their  salaries.  Said  Power  of 

J  L      l  bureau 

bureau  shall  be  authorized  to  buy,  manufacture  and 
dispense  under  such  conditions  as  may  be  prescribed 
by  the  state  commissioner  of  health  remedies  for  the 
treatment  of  veneral  diseases,  to  examine  specimens 
submitted  to  it,  to  make  all  necessary  tests,  provide  and 
distribute  literature  and  to  use  such  other  means  as 
seem  desirable  for  the  instruction  of  the  public  and  the 
suppression  and  cure  of  venereal  diseases,  and  to  take 
such  further  action  as  seems  necessary  to  secure  this 
end. 

(Became  a  law  April  30,  1918.) 


*  See  Art.  XVII-B  Public  Health  Law,  p.  237 


302 


The  Public  Health  Manual 


Scope 
code 


of 


Violation 
misde- 
meanor 


New    York 

city 

excepted 


Supersedes 
local    or- 
dinances 


THE  SANITARY  CODE  ESTABLISHED  BY  THE  PUB- 
LIC HEALTH  COUNCIL  OF  THE  STATE  OF  NEW 
YORK 

Introductory  Note 

The  public  health  law  of  the  state  of  New  York,  as 
amended  by  chapter  559  of  the  laws  of  1913,  provides 
as  follows: 

"  Section  2-b.  Sanitary  code.  The  public  health  coun- 
cil shall  have  power  by  the  affirmative  vote  of  a  major- 
ity of  its  members  to  establish  and  from  time  to  time 
amend  sanitary  regulations,  hereinafter  called  the  sani- 
tary code,  without  discrimination  against  any  licensed 
physicians.  The  sanitary  code  may  deal  with  any  mat- 
ters affecting  the  security  of  life  or  health  or  the  preser- 
vation and  improvement  of  public  health  in  the  state  of 
New  York,  and  with  any  matters  as  to  which  jurisdic- 
tion is  hereinafter  conferred  upon  the  public  health 
council.  The  sanitary  code  may  include  provisions 
regulating  the  practice  of  midwifery  and  for  the  promo- 
tion of  health  in  any  or  all  Indian  reservations.  *  *  * 
The  provisions  of  the  sanitary  code  shall  have  the  force 
and  effect  of  law  and  any  violation  of  any  portion 
thereof  may  be  declared  to  be  a  misdemeanor.  No 
provision  of  the  sanitary  code  shall  relate  to  the  city 
of  New  York  or  any  portion  thereof,  and  every  provision 
of  the  sanitary  code  shall  apply  to  and  be  effective  in 
all  portions  of  the  state  except  the  city  of  New  York 
unless  stated  otherwise. 

Section  2-c.  Enforcement  of  sanitary  code.  The  pro- 
visions of  the  sanitary  code  shall,  as  to  matters  to 
which  it  relates,  and  in  the  territory  prescribed  therefor 
by  the  public  health  council,  supersede  all  local  ordi- 
nances heretofore  or  hereafter  enacted  inconsistent 
therewith.  Each  city,  town,  or  village  may,  in  the 
manner  hereinafter  prescribed,  enact  sanitary  regula- 
tions not  inconsistent  with  the  sanitary  code  established 


The  Sanitary  Code  303 

by  the  public  health  council.     The  public  health  council  council 
shall  have  power  to  prescribe  by  regulations  the  qualifi-  may    pre" 
cations  of  directors  of  divisions,   sanitary  supervisors,  quaim'ca- 
local    health    officers    hereafter    appointed    and    public 
health  nurses.     *     *     *  " 

Under  the  public  health  law,  all  local  health  officers  Health 
have  the   power,    and   it   is   their   duty,   to   carry   into  to  enforce 
effect  in  their  respective  jurisdictions  the  provisions  of  Code 
the  public  health  law  and  the  sanitary  code,  and  the 
orders  and   regulations,   not  inconsistent  therewith,   of 
their  respective  boards  of  health. 

The  state  commissioner  of  health,  under  the  same 
law,  has  the  power,  and  it  is  his  duty,  to  exercise 
general  supervision  over  the  work  of  all  local  health 
authorities,  except  in  the  city  of  New  York,  and  to 
see  that  the  provisions  of  the  public  health  law  and 
the  sanitary  code  are  enforced. 

The  sanitary  code  supplements  but  does  not  take  the 
place  of  the  provisions  of  the  public  health  law  or  of 
any  amendments  thereto,  or  of  any  of  the  laws  relating 
to  the  public  health  or  to  the  powers  or  duties  of  the 
state  commissioner  of  health,  the  state  department  of 
health,  local  boards  of  health  or  local  health  officers. 

Additions  to  the  sanitary  code  will  be  made  from 
time  to  time. 

CHAPTER  I 

Definitions  and  General  Provisions 

Regulation  i.  Definitions.  Unless  otherwise  specifi- 
cally provided  herein,  the  following  words  and  terms 
used  in  this  code  are  defined  for  the  purposes  thereof 
as   follows: 

( 1 )  The  term  "  communicable  disease  "  means  such  com- 
communicable  disease  as  may  be  designated  in  regula-  ^g™*1316 
tion  one  of  chapter  two  of  the  code.  defined 

( 2 )  The  term  "  municipality  "  means   and   includes  Munici- 
a  city,  town  or  village.  defined 


304 


The  Public  Health  Manual 


Board    of 

health 

defined 


Health 

officer 

defined 


Violations 
mis- 
demeanors 


(3)  The  term  "board  of  health"  or  "  local  board  of 
health  "  means  and  includes  the  local  board,  department, 
or  commissioner  of  health,  or  other  body  or  official  of 
a  municipality,  by  whatever  title  the  same  may  be 
known,  having  the  usual  powers  and  duties  of  the 
board  of  health  of  a  municipality. 

(4)  The  term  "health  officer"  or  "local  health  offi- 
cer "  means  and  includes  the  health  officer,  or  other 
officer  of  a  municipality,  by  whatever  title  he  may  be 
known,  having  the  usual  powers  and  duties  of  the 
health  officer  of  a  municipality. 

This  regulation  as  amended  shall  take  effect  August 
1,  1918.      (Am'd  March  20,  1917  and  June  25,  1918.) 

Regulation  2.  Violations  declared  to  be  misdemeanors. 
Any  violation  of  any  provision  of  this  code  is  hereby 
declared  to  be  a  misdemeanor  and  is  punishable  by  a 
fine  of  not  more  than  fifty  dollars  or  by  imprison- 
ment for  not  more  than  six  months,  or  by  both.  This 
regulation  shall  take  effect  throughout  the  state  of 
New  York,  except  in  the  city  of  New  York,  on  the 
first  day  of  March,  1916.     (Am'd   Jan.   22,    1916.) 

Regulation  3.  When  to  take  effect.  Every  regulation 
in  this  chapter,  unless  otherwise  specifically  stated, 
shall  take  effect  on  the  first  day  of  May,   1914. 


Com- 
municable 
diseases 
desig- 
nated 


CHAPTER  II 
Communicable  Diseases 

Regulation  x.  Communicable  diseases  designated. 
For  the  purpose  of  this  code  the  term  communicable 
disease  shall  be  held  to  include  the  following  diseases, 
which  are  hereby  declared  to  be  communicable  through 
the  conveyance  of  infective  organisms.  The  com- 
municable diseases,  for  convenience  of  administration, 
are  divided  into  two  groups: 
A.  Anthrax 

Chickenpox 

Cholera,   Asiatic 


The  Sanitary  Code  305 

Diphtheria    ( membranous    croup ) 
Dysentery,    amoebic   and   bacillary 
Epidemic  cerebrospinal  meningitis 
Epidemic  influenza 

Epidemic  or  streptococcus    (septic)    sore  throat 
German  measles 
Glanders 
Measles 
Mumps 
(suppurative    conjunctivitis    Ophthalmia    neonatorum 

of  the  new-born) 
Para-typhoid   fever 
Plague 
Pneumonia 

a.  acute  lobar 

b.  bronchial  or  lobular 

Poliomyelitis,  acute  anterior   (infantile  paralysis) 
Puerperal  septicaemia 
Rabies 
Scarlet  fever 
Smallpox 
Tetanus 
Trachoma 
Tuberculosis 
Typhoid  fever 
Typhus  fever 
Whooping   cough 
B.  Syphilis 
Gonorrhoea 
Chancroid 

This  regulation  as  amended  shall  take  effect  Oct.  14, 
1918.  (Am'd  Mar.  20,  1917;  May  17,  1917,  Dec.  27, 
1917,  June  25,   1918,  August   1,   1918   and  October   11. 

1918.)  Reporting 

Regulation  a.     Reporting  cases  of  communicable  dis-  mmiicabie 
ease  by  physicians.    It  shall  be  the  duty  of  every  phy-  ^SSjj&J* 


306 


The  Public  Health  Manual 


Syphilis 
gonorrhea 
and 
chanrcoid 

Reporting 

by 

physcians 


Reporting 

persons 
bitten  by 
rabid 
animals 


Heajth 

officer 

to    transmit 

reports 


sician  to  report  to  the  local  health  officer,  within  whose 
jurisdiction  such  patient  is,  the  full  name,  age  and 
address  of  every  person  affected  with  a  communicable 
disease  enumerated  in  regulation  1,  group  A,  together 
with  the  name  of  the  disease,  within  twenty-four  hours 
from  the  time  the  case  is  first  seen  by  him.  Such 
report  shall  be  by  telephone  or  telegram,  when 
practicable,  and  shall  also  be  made  in  writing,  except 
that  the  written  notice  may  be  omitted  with  the 
approval  of  the  state  commissioner  of  health  in 
cities  of  the  first  class.  (Amended  January  27,  1916, 
and  June  25,  1918,  in  effect  August  1,  1918.) 

Regulation  2-a.  Submitting  specimens  for  labora- 
tory examination  in  cases  of  syphilis,  gonorrhoea  and 
chanroid.  It  shall  be  the  duty  of  every  physician  to 
submit  promptly  to  the  laboratory  of  the  state  depart- 
ment of  health,  or  to  a  laboratory  approved  by  the 
state  commissioner  of  health  for  this  purpose,  such 
specimens  for  laboratory  examination  and  such  data 
relating  thereto,  as  may  be  prescribed  in  the  special 
rules  and  regulations  issued  by  the  state  commissioner 
of  health,  from  every  person  affected  with  any  one  of 
the  communicable  diseases  mentioned  in  regulation  1, 
group  B,  or  from  any  person  in  whom  suspicion  of 
such  disease  exists.  (Added  June  25,  1918,  in  effect 
August   1,   1918.) 

Regulation  2-b.  Reporting  cases  of  persons  bitten  by 
a  rabid  animal.  It  shall  be  the  duty  of  every  physi- 
cian or  other  person  to  report  to  the  local  health  officer 
within  whose  jurisdiction  such  person  is,  the  full  name, 
age  and  address  of  every  person  who  has  been  bitten 
(a)  by  a  rabid  animal,  (b)  by  an  animal  suspected  of 
being  rabid,  within  twenty-four  hours  from  the  time 
when  such  fact  comes  to  his  knowledge. 

It  shall  be  the  duty  of  the  health  officer  to  transmit 
promptly  these  reports  to  the  state  department  of 
health. 


The  Sanitary  Code  307 

This    regulation    shall    take     effect    June    1,     1917. 
(Added  May  17,   1917.) 

Regulation  3.     Reporting  cases  of  communicable  dis-  Reporting 
ease  in  institutions.     It  shall  be  the  duty  of  the  super-  municabie 
intendent  or  person  in  charge  of  every  hospital,  other  -llseasett 
institution,  or  dispensary,  to  report  to  the  local  health  tions 
officer,    within    whose    jurisdiction    any    such    hospital, 
other    institution,    or    dispensary    is    located,    the    full 
name,    age,    and    address    of    every    person    under    his 
charge  affected  with  a  communicable  disease,  together 
with  the  name  of  the  disease,   and  the  name  and   ad- 
dress of  the  person  or  organization  in  whose  care  the 
case  was  immediately  prior  to  admission  or  by  whom 
the  case  was  referred,  within  twenty-four  hours  from 
the   time  when   the   case   first   develops   or   is   first  ad- 
mitted  to   such  hospital,   other   institution,   or   dispen- 
sary.    Such  report  shall  be  by  telephone  or  telegram, 
when  practicable,  and  shall  also  be  made  in  writing. 

This  regulation  shall  take  effect  throughout  the 
state  of  New  York,  except  in  the  city  of  New  York, 
on  the  first  day  of  May,  1915.      (Am'd  Mar.  4,  1915.) 

Regulation  4.    Reporting  cases  of  disease  presumably  Teacher 
communicable  in  schools.     When  no  physician  is  in  at-  ^seale^ 
tendance,    it    shall    be    the    duty    of    every    teacher    to  presum- 
report  forthwith  to  the  principal  or  person  in  charge  municabie 
of  the  school  all  facts  relating  to  the  illness  and  physi- 
cal condition  of  any  child  in  such  school  who  appears 
to  be  affected  with  a  disease  presumably  communicable. 
It  shall  be  the  duty  of  the  principal  or  person  in  charge  Principal 
of  every  school  to  report  forthwith  to  the  local  health  \°0   health 
officer  -all    facts   relating   to   the    illness    and    physical  offlcer 
condition  of  any  child  attending  such  school,  who  ap- 
pears to  be  affected  with  any  disease  presumably  com- 
municable, together  with  the  name,  age,  and  address  of 
?uch  child.     Such  child  shall  be  at  once  sent  home  or 
isolated. 


308 


The  Public  Health  Manual 


House-  * 
holder   to 
report 
cases     of 
disease 
presum- 
ably   com- 
municable 


Nurses 
and    per- 
sons   in 
charge    of 
camps   to 
report 
cases     of 
disease 
presum- 
ably  com- 
municable 


Reporting 
cases    of 
disease 
presumably 
com- 
municable 
on  vessels 


Regulation  5.  Reporting  cases  of  disease  presumably 
communicable  in  private  households,  hotels,  boarding 
and  lodging  houses.  When  no  physician  is  in  attend- 
ance, it  shall  be  the  duty  of  the  head  of  a  private  house- 
hold or  the  proprietor  or  keeper  of  any  hotel,  boarding 
house,  or  lodging  house,  to  report  forthwith  to  the  local 
health  officer  all  facts  relating  to  the  illness  and  physical 
condition  of  any  person  in  any  private  household,  hotel, 
boarding  house  or  lodging  house  under  his  charge,  who 
appears  to  be  affected  with  any  disease  presumably 
communicable,  together  with  the  name  of  such  person. 
(Am'd  Sept.  18,  1914.) 

Regulation  6.  Reporting  cases  of  disease  presumably 
communicable  by  nurses  and  persons  in  charge  of  camps. 
It  shall  be  the  duty  of  every  visiting  nurse  and  public 
health  nurse  and  of  the  person  in  charge  of  any  labor 
or  other  camp,  having  knowledge  of  any  person  affected 
with  any  disease  presumably  communicable,  who  by 
reason  of  the  danger  to  others  seems  to  require  the 
attention  of  the  public  health  authorities,  to  report  at 
once  to  the  local  health  officer,  within  whose  jurisdic- 
tion such  case  occurs,  all  facts  relating  to  the  illness 
and  physical  condition  of  such  affected  person. 

Regulation  7.  Reporting  cases  of  disease  presumably 
communicable  on  vessels.  It  shall  be  the  duty  of  the 
master  or  person  in  charge  of  any  vessel  lying  within 
the  jurisdiction  of  the  state  to  report  or  cause  to  be 
reported  immediately  in  writing  to  the  local  health 
officer  at  such  ports  or  landings  as  the  state  commis- 
sioner of  health  may  designate  all  facts  relating  to  the 
illness  and  physical  condition  of  any  person  in  or  on 
such  vessel  affected  with  any  disease  presumably  com- 
municable, together  with  the  name  of  such  affected 
person.  This  regulation  shall  not  apply  to  any  vessel 
within  the  jurisdiction  of  the  health  officer  of  the  port 
of  New  York. 

Regulation  8.  Reporting  cases  of  communicable  dis- 
ease on  dairy  farms  by  physicians.     When  a  case  of 


The  Sanitary  Code  309 

Asiatic  cholera,  diphtheria,    amoebic  or  bacillary  dysen-  Reporting 
tery,    epidemic    cerebrospinal    meningitis,    epidemic    or  ll)"imuni" 
septic    sore    throat,    para-typhoid    fever,  poliomyelitis,  disease   on 
acute  anterior,  scarlet  fever,  smallpox,  or  typhoid  fever  farms,    by 
exists   on   any   farm   or   dairy   producing   milk,    cream,  Physicians 
butter,  or  other  dairy  products  for  sale,  it  shall  be  the 
duty  of  the  physician  in  attendance  to  report  immedi- 
ately to  the  local  health  officer  the  existence  on   such 
farm  or  dairy  of  such  case. 

It  shall  be  the  duty  of  the  health  officer  to  report 
immediately  to  the  state  commissioner  of  health,  by 
telephone  or  telegram,  the  existence  on  such  farm  or 
dairy  of  such  case,  together  with  all  facts  as  to  the 
isolation  of  such  case,  and  giving  the  names  of  the 
localities  to  which  such  dairy  products  are  delivered 

This  regulation  as  amended  shall  take  effect  through- 
out the  state  of  New  York,  except  in  the  city  of  New 
York,  on  June  1,  1917.  (Am'd  Oct.  5,  1915,  and  May 
17,  1917.) 

Regulation  g.    Reporting  cases  of  disease  presumably  Reporting 
communicable  on  dairy  farms  by  owner  or  person  in  disease 

,  iT-n  -i        •    •  •  j  .        n  .-,,,,       presum- 

cnarge.    When  no  physician  is  in  attendance,  it  shall  be  ably   eom- 
the  duty  of  the  owner  or  person  in  charge  of  anv  farm  municabie, 

.  A  °  ■:  on    dairv 

or  dairy  producing  milk,  cream,  butter,  cheese,  or  other  farm,    by 
food   products    likely    to   be   consumed    raw,    to    report  p^son  in 
forthwith  to  the  local  health  officer  the  name  and  ad-  charge 
dress  and  all  facts  relating  to  the  illness  and  physical 
condition  of  any  person,  who  is  affected  with  any  di- 
sease presumably  communicable,  and  who  is  employed 
or  resides  on  or  in  such  farm  or  dairy,  or  comes  in 
contact  in  any  way  therewith  or  with  its  products. 

Regulation  io.     Diphtheria;  material  for  cultures  to  cultures 
be  submitted.     In  every  case  of  illness  which  there  is  when 
reason  to   suspect   is   diphtheria,   it  shall  be  the  duty  reason 'to 
of  the  attending  physician  or,  if  the  local  health  au-  ^s^  , 

°    r    •*  '  diphtheria 

thorities  so  require,  of  the  health  officer  promptly  to 
take  material  for  cultures  from  the  throat  of  the 
suspected  person  and  submit  the  same  for  examination 


310 


The  Public  Health  Manual 


Isolation 

in     cases 
of    com- 
municable 
disease 


Adults     not 
to    be 
quaran- 
tined   in 
certain 
cases 


Removal 
of     cases 
of    com- 
municable 
disease 


to  a  state,  county,  or  municipal  bacteriological  labora- 
tory, or  to  a  laboratory  approved  by  the  state  commis- 
sioner of  health. 

Regulation  io-a.  Typhoid  or  para- typhoid  fever; 
samples  of  blood  to  be  submitted.  In  every  case  of 
illness  which  there  is  reason  to  suspect  may  be  typhoid 
or  para-typhoid  fever  it  shall  be  the  duty  of  the  attend- 
ing physician  to  take  a  sample  of  the  blood  of  the  sus- 
pected person  and  submit  the  same  for  an  agglutination 
test  to  a  state,  county  or  municipal  bacteriological 
laboratory  or  to  a  laboratory  approved  by  the  state 
commissioner  of  health.  (Added  June  25,  1918,  in  effect 
August  1,  1918.) 

Regulation  n.  Isolation  of  persons  affected  with 
communicable  diseases.  It  shall  be  the  duty  of  every 
physician,  immediately  upon  discovering  a  case  of  com- 
municable disease,  to  secure  such  isolation  of  the 
patient,  or  to  take  such  other  action,  as  is  required  by 
the  special  rules  and  regulations  which  from  time  to 
time  may  be  issued  by  the  local  health  authorities  or 
by  the   state   department   of  health. 

Regulation  12.  Adults  not  to  be  quarantined  in  cer- 
tain cases.  When  a  person  affected  with  a  communicable 
disease  is  properly  isolated  on  the  premises,  except  in 
cases  of  smallpox,  adult  members  of  the  family  or 
household,  who  do  not  come  in  contact  with  the  patient 
or  with  his  secretions  or  excretions,  unless  forbidden 
by  the  health  officer,  may  continue  their  usual  vocations, 
provided  such  vocations  do  not  bring  them  in  close 
contact  with  children,  nor  require  that  they  shall 
handle  food  or  food  products  intended  for  sale. 

This  regulation  as  amended  shall  take  effect  June  1, 
1917.      (Am'd  May  17,  1917.) 

Regulation  13.  Removal  of  cases  of  communicable 
disease.  After  isolation  by  the  local  health  officer  no 
person,  without  permission  from  him,  shall  carry,  re- 
move, or  cause  or  permit  to  be  carried  or  removed  from 


The  Sanitary  Code  311 

any  room,  building,  or  vessel  any  person  affected  with 
diphtheria,  scarlet  fever,  smallpox,  or  typhus  fever. 

Without  permission  from  the  local  health  officer  no  Removal  of 
person   shall  carry,  remove,   or  cause  or  permit  to  be  £*^f    of 
carried  or  removed  from  or  to  any  hotel,  boarding  house,  municabie 
lodging  house,   or   other  dwelling,   any  person   affected 
with    chickenpox,     diphtheria,     epidemic     cerebrospinal  hoteT 
meningitis,    epidemic    or    septic    sore    throat,    measles,  boarding 
mumps,     poliomyelitis      (infantile     paralysis),     scarlet  house 
fever,  smallpox,  typhus  fever,  or  whooping  cough. 

Without  permission  from  the  local  health  officer  no  From 
master  of  any  vessel  or  other  person  shall  remove  or 
aid  in  removing,  or  permit  the  removal,  from  any  such 
vessel   to   the   shore   of   any    person   affected   with   any 
communicable  disease. 

This  regulation  shall  not  apply  to  any  vessel  within 
the  jurisdiction  of  the  health  officer  of  the  port  of.  New 
York. 

This  regulation  as  amended  shall  take  effect  June  1, 
1917.      (Am'd  May    17,    1917.) 

Regulation  14.  Removal  of  articles  contaminated  with  Removal 
infective     material.        Without     instruction     from    the  contSi?eS 
health  officer  no  person  shall  carrv,  remove,  or  cause  or  nated    with 

r  J  '  infective 

permit  to  be  carried  or  removed  from  any  room,  build-  material 
ing,  or  vessel,  any  article  which  has  been  subject  to  con- 
tamination with  infective  material  through  contact 
with  any  person  or  with  the  secretions  of  any  persons 
affected  with  Asiatic  cholera,  diphtheria,  scarlet  fever, 
smallpox,  typhoid  fever,  or  typhus  fever,  until  such 
article  has  been  disinfected  according  to  the  special 
rules  and  regulations  of  the  state  department  of 
health. 

Without    permission    of    the    local    health    officer    no  From 
master  of  any  vessel  or  other  person  shall  remove  or  vessels 
aid  in  removing  or  permit  the  removal  from  any  such 
vessel  to  the  shore  of  any  article  which  has  been  subject 
to  contamination  with  infective  material  through  con- 
tact with'  any  person   or   with  the   secretions   of   any 


312 


The  Puelic  Health  Manual 


Right    of 
entrance 
and  in- 
spection 
health 
officer, 
nurse,     etc. 


Physician 
to     give 
instruc- 
tions 

in     regard 
to  disin- 
fection 
and 

disposal     of 
excreta 


Physician 
to  give 
instruc- 
tions as  t 
disinfec- 
tion of 
discharges 


person  affected  with  Asiatic  cholera,  diphtheria,  scarlet 
fever,  smallpox,  typhoid  fever,  or  typhus  fever. 

This  regulation  shall  not  apply  to  any  vessel  within 
the  jurisdiction  of  the  health  officer  of  the  port  of  New 
York. 

This  regulation  as  amended  shall  take  effect  July  14, 
1917.      (Am'd  July  10,  1917.) 

Regulation  15..  Right  of  entrance  and  inspection.  No 
person  shall  interfere  with  or  obstruct  the  entrance  to 
any  house,  building,  or  vessel  by  any  inspector  or  officer 
of  the  state  or  local  health  authorities,  in  the  discharge 
of  his  official  duties,  nor  shall  any  person  interfere  with 
or  obstruct  the  inspection  or  examination  of  any  occu- 
pant of  any  such  house,  building,  or  vessel  by  any 
inspector  or  officer  of  the  state  or  local  health  authori- 
ties, in  the  discharge  of  his  official  duties. t 

Regulation  16.  Instructions  as  to  disinfection  of  ex- 
creta in  Asiatic  cholera,  dysentery,  para-typhoid  fever, 
and  typhoid  fever.  It  shall  be  the  duty  of  the  physician 
in  attendance  on  any  case  suspected  by  him  to  be 
Asiatic  cholera,  dysentery,  para-typhoid  fever,  or 
typhoid  fever,  to  give  detailed  instructions  to  the 
nurse  or  other  person  in  attendance  in  regard  to  the 
disinfection  and  disposal  of  the  excreta.  Such  instruc- 
tions shall  be  given  on  the  first  visit,  and  shall  con- 
form to  the  special  rules  and  regulations  of  the  state 
department  of  health.  It  shall  be  the  duty  of  the 
nurse  or  person  in  attendance  to  carry  out  'the  dis- 
infection in  detail  until  its  discontinuance  is  permitted 
by  the  local  health  officer. 

Regulation  17.  Instructions  as  to  disinfection  of  dis- 
charges in  diphtheria,  epidemic  cerebrospinal  meningitis, 
epidemic  or  septic  sore  throat,  measles,  poliomyelitis  (in- 
fantile paralysis),  scarlet  fever,  smallpox,  and  whooping 
cough.  It  shall  be  the  duty  of  the  physician  in  attend- 
ance on  any  case  suspected  by  him  to  be  diphtheria, 


t  Penal  Law,  §  1741,  p.  519 


The  Sanitary  Code  313 

epidemic  cerebrospinal  meningitis,  epidemic  or  septic 
sore  throat,  measles,  poliomyelitis  (infantile  paralysis), 
scarlet  fever,  smallpox,  or  whooping  cough,  to  give 
detailed  instructions  to  the  nurse  or  other  person  in 
attendance  in  regard  to  the  disinfection  and  disposal 
of  the  discharges  from  the  nose,  mouth  and  ears  of  the 
patient.  Such  instructions  shall  be  given  on  the  first 
visit  and  shall  conform  to  the  special  rules  and  regula- 
tions of  the  state  department  of  health.  It  shall  be 
the  duty  of  the  nurse  or  person  in  attendance  to  carry 
out  the  disinfection  in  detail  until  its  discontinuance 
is  permitted  by  the  local  health  officer. 

Regulation  18.    Precautions  to  be  observed  by  physi-  Prenau- 
cians  and  attendants.      The  physician  or  nurse  or  other  tions   ** 
necessary  attendant  upon  a  case  of  diphtheria,  measles,  anf  T? 
or  scarlet  fever,  after  attendance  upon  the  case,  shall  tendants 
take  precautions  and  practice  measures  of  cleansing  or 
disinfection  of  his  person  or  garments  to  prevent  the 
conveyance    to    others    of    infective   material    from    the 
patient. 

fhfT1*1**?  19'    D*st*ibution  of  circulars.     It  shall  be  Health 
the  duty  of  every  health  officer,  as  soon  as  a  case  of  rer  t0 
diphtheria,  epidemic  cerebrospinal  meningitis,  epidemic  SSE 
or  septic  sore  throat,  measles,  poliomvelitis    (infantile 
Paralysis),  scarlet  fever,  smallpox,  typhoid  fe-er,  typhus 
fever,  or  whooping  cough  is  reported  to  him,  or  as  soon 
thereafter  as  possible,  to  give  every  family  or  individual 
living  in  the  house  or  building,  in  which  such  case    is 
the  circulars   of   information   and   copies   of   any  rules 
and  regulations,  printed   in  a  language  understood  by 
s  ich  individual,  concerning  such  diseases  which  may  be 
issued  by  the  state  department  of  health  or  the  local 
health  authorities.     The  health  officer  shall  also  notifv  Tenants 
every  family  or  individual  living  in  the  house  of  the  t0  be 
existence  of  such  disease.  notlfierl 

Regulation  20.  Posting  placards.  When  a  case  of  w 
diphtheria,  epidemic  cerebrospinal  meningitis  measles  Plac^s 
poliomyelitis   (infantile  paralysis),  scarlet  fever,  small- 


offl- 
to 
tribute 


314 


The  Public  Health  Manual 


Inter- 
ference 
with 
placards 


Prevent- 
ing   spread 
of    com- 
municable 
disease     in 
institutions 


Isolation 
wards  re- 
quired   for 
institutions 
for 
children 


Exposure 
of    persons 
affected 
with     com- 
municable 
disease 


pox,  whooping  cough,  or  typhus  fever  exists  in  any 
house,  or  apartment,  or  room,  it  shall  be  the  duty  of 
the  health  officer  to  post  upon  such  house,  or  apartment, 
or  room,  or  rooms,  in  which  such  case  is  isolated,  near 
the  entrance  thereof,  a  placard  stating  the  existence 
therein  of  a  communicable  disease. 

This  regulation  as  amended  shall  take  effect  Novem- 
ber 1,  1918.     (Amended  Oct.  14,  1918,) 

Regulation  21.  Interference  with  placards.  Xo  per- 
son shall  interfere  with  or  obstruct  the  posting  of  any 
placard  by  any  health  authority  in  or  on  any  place  or 
premises,  nor  shall  any  person  conceal,  mutilate,  or 
tear  down  any  such  placard,  except  by  permission  of 
the    health   authority. 

In  the  event  of  such  placard  being  concealed,  muti- 
lated, or  torn  down,  it  shall  be  the  duty  of  the  occupant 
of  the  premises  concerned  immediately  to  notify  the 
local  health  officer. 

Regulation  22.  Preventing  the  spread  of  communi- 
cable diseases  in  institutions.  It  shall  be  the  duty  of 
the  superintendent  or  person  in  charge  of  any  hospital, 
or  other  institution,  or  dispensary,  in  which  there  is  a 
person  affected  with  any  communicable  disease,  to  take 
such  steps  as  will,  so  far  as  practicable,  prevent  the 
spread  of  infection  and  trace  its  original  source. 

This  regulation  as  amended  shall  take  effect  July  14, 
1917.      (Amended  July   10,   1917.) 

Regulation  23.  Isolation  wards  required  for  institu- 
tions for  children.  Every  institution  for  children,  in 
which  twenty  or  more  children  sleep,  shall  be  provided 
with  at  least  one  isolation  ward,  or  room  or  apartment 
or  tent,  so  related  to  the  rest  of  the  building  as  to 
make   proper   isolation   therein   practicable. 

Regulation  24.  Exposure  of  persons  affected  with 
communicable  disease. t  No  person  shall  permit  any 
child,  minor  or  other  person  under  his  charge,  affected 

t  Penal  Law,  §  1756,  p.  523 


The  Sanitary  Code  315 

with  diphtheria,  measles,  poliomyelitis,  acute  anterior 
(infantile  paralysis),  scarlet  fever,  smallpox  or  typhus 
fever,    to    associate    with    others   than    his    attendants. 

No  person  affected  with  any  of  said  diseases  shall 
expose  himself  in  such  manner  as  to  cause  or  contribute 
to,  promote  or  render  liable  their  spread. 

This  regulation  as  amended  shall  take  effect  imme- 
diately upon  its  being  filed  in  the  office  of  the  Secre- 
tary of  State.  (Filed  July  18,  1916.)  (Amended  Sept. 
29,   1914  and  July  11,   1916.) 

Regulation  25.     Needless    exposure   to    communicable  Needless 
disease  forbidden.    No  person  shall  expose  or  permit  the  exposure 
visiting,  association,  or  contact  of  any  child,  minor,  or  mun°caDle 
other  person  under  his  charge,  with  any  person  affected  !?isj^® 
with  diphtheria,  measles,  scarlet  fever,  smallpox,  typhus 
fever,   whooping   cough,   syphilis,  gonorrhoea,   or   chan- 
croid in  the  infective  stages,  or  with  discharges  of  any 
kind  from  the  person  of   a  patient   affected  with  any 
of  said  diseases. 

No  person  shall  needlessly  expose  himself,  or  visit, 
or  associate,  or  come  in  personal  contact  with,  a  case  of 
any  of  said  diseases,  or  the  discharges  therefrom,  or  in 
any  manner  cause  or  contribute  to,  promote  or  render 
liable,  the  spread  thereof.  (Amended  June  25,  1918, 
in  effect  August  1,   1918.) 

Regulation  26.    Exclusion  from  school  of  cases  of  dis-  Exclusion 
ease  presumably  communicable.    It  shall  be  the  duty  of  gaols' 
the  principal  or  other  person  in  charge  of  any  public,  Sunday 
private,    or    Sunday    school    to    exclude    therefrom    any  ^gease 
child  or  other  person  affected  with  a  disease  presumably  presumably 
communicable  until  such  child  or  other  person  shall  have  municabie 
presented   a   certificate  issued  by  the  health  officer   or 
medical  inspector,   or  by  the   attending  physician   and 
countersigned  by  the  health  officer  or  by  the  medical 
inspector,   stating   that   such   child   or   other   person   is 
not  liable  to  convey  infective  material.* 

This  regulation  as   amended  shall  take  effect  imme-. 


*  See  Education  Law,  §  575,  p.  445 


316 


\f he  Public  Health  Manual 


Exclusion 
from 
schools 
and 

gatherings, 
certain 
com- 
municable 
diseases 


Exclusion 
from 
schools 
of    children 
of     house- 
holds 


Chicken- 
pox, 
German 
measles, 
mumps, 
whooping 
cough 


diately.     (Filed  November  25,  1916. )     ( Amended  Novem- 
ber 21,  1916.) 

Regulation  27.  Exclusion  from  schools  and  gather- 
ings of  cases  of  certain  communicable  diseases.  No  per- 
son affected  with  chickenpox,  diphtheria,  epidemic  cere- 
brospinal meningitis,  epidemic  influenza,  epidemic  or 
septic  sore  throat,  German  measles,  measles,  mumps, 
poliomyelitis  (infantile  paralysis),  scarlet  fever,  small- 
pox, trachoma,  or  whooping  cough,  shall  attend  or  be 
permitted  to  attend  any  public,  private,  or  Sunday 
school,  or  any  public  or  private  gathering.  Such  exclu- 
sion shall  be  for  such  time  and  under  such  conditions  as 
may  be  prescribed  by  the  local  health  authorities,  not 
inconsistent  with  the  provisions  of  this  code  or  the 
special  rules  and  regulations  of  the  state  department  of 
health.  (Amended  January  10,  1919,  in  effect  January 
15,  1919.) 

Regulation  28.  Exclusion  from  schools  and  gatherings 
of  children  of  households  where  certain  communicable 
diseases  exist.  Every  child  who  is  an  inmate  of  a 
household  in  which  there  is,  or  has  been  within  fifteen 
days,  a  case  of  chickenpox,  diphtheria,  epidemic  cerebro- 
spinal meningitis,  German  measles,  measles,  mumps, 
poliomyelitis  (infantile  paralysis),  scarlet  fever,  small- 
pox, or  whooping  cough,  shall  be  excluded  from  every 
public,  private,  or  Sunday  school  and  from  every  public 
or  private  gathering  of  children  for  such  time  and  under 
such  conditions  as  may  be  prescribed  by  the  local  health 
authorities,  not  inconsistent  with  the  provisions  of  this 
code  or  the  special  rules  and  regulations  of  the  state 
department   of   health. 

Regulation  29.  Precautions  to  be  observed  in  chicken- 
pox,  German  measles,  mumps,  and  whooping  cough. 
No  person  affected  with  chjckenpox,  German  measles, 
mumps,  or  whooping  cough  shall  be  permitted  to  come 
in  contact  with  or  to  visit  any  child  who  has  not  had 
such  disease  or  any  child  in  attendance  at  school. 


The  Sanitary  Code  317 

Regulation    29-a.      Instruction    of    persons    affected  instruc- 
with   syphilis,   gonorrhoea   or   chancroid.      It   shall   be  tion   of 

persons 

the     duty     of     every     physician     when     first     attend-  affected 
ing    a    person    affected    with    syphilis,    gonorrhoea    or  venereal 
chancroid   to   instruct    said  person   in   the   precautions  dlsease 
to  be  taken  in  order  to  avoid  the  communication  of  the 
disease  to  others,  and  to  inform  him  of  the  necessity 
of   continuing   treatment   until    cured;    and   further   to 
hand    to    him    a    circular    of    information    and    advice 
issued  or  approved  by  the  state  commissioner  of  health. 
(Added  March  20,   1917,  and  amended  June  25,   1918, 
in  effect  August   1,   1918.) 

Regulation  29-b.  Records  of  cases  of  syphilis,  Records 
gonorrhoea  and  chancroid  not  to  be  disclosed.  Records  con  nent  a 
of  the  state  department  of  health  or  of  any  local  de- 
partment or  local  health  officer,  relating  to  cases  of 
syphilis,  gonorrhoea  and  chancroid  shall  not  be  made 
public  so  as  to  disclose  the  identity  of  the  persons  to 
whom  they  relate,  except  insofar  as  may  be  necessary 
to  safeguard  the  public  health  against  those  who  dis- 
obey the  rules  and  regulations  of  the  state  and  local 
officials  relating  to  these  diseases  or  to  secure  con- 
formity to  the  laws  of  the  state.  (Added  May  17, 
1917,  and  amended  June  25,  1918,  in  effect  August  1, 
1918.) 

Regulation  29-c.  Occupations  forbidden  by  persons  occupa- 
affected  with  syphilis  or  gonorrhoea  in  the  infective  b°d^senfor~ 
stages.  No  person  affected  with  syphilis  in  the  infective 
stage  shall  engage  in  the  occupation  of  nurse,  nurse- 
maid, domestic  servant,  barber,  hairdresser,  chiropodist, 
manicure,  bath  attendant  or  masseur,  or  in  any  other 
occupation  in  which  he  may  infect  others  with  syphilis. 
No  person  affected  with  gonorrhoea  in  the  infective 
stage  shall  engage  in  any  occupation  which  involves 
intimate  contact  with  children.  (Added  June  25,  1918, 
in  effect  August  1,  1918.) 


318 


The  Public  Health  Manual 


Persons 
violating 
laws  to 
he    re- 
ported 


Regulation  29-d.  Reporting  persons  violating  laws 
and  regulations  concerning  syphilis,  gonorrhoea  and 
chancroid.  If  any  person  affected  with  syphilis,  gonor- 
rhoea or  chancroid  shall  violate  any  regulation  of  this 
code  by  which  the  public  is  safeguarded  against  these 
diseases,  or  any  provision  of  the  public  health  law 
relating  to  the  so-called  "  venereal  diseases,"  through 
which  violation  in  the  judgment  of  a  physician  at- 
tending him  said  person  becomes  a  menace  to  the  pub- 
lic health,  said  physician  shall  immediately  report  the 
name  and  address  of  said  person  to  the  local  health 
officer  who  shall  at  once  forward  a  copy  of  the  report 
to  the  bureau  of  venereal  diseases  of  the  state  depart- 
ment of  health.  Whereupon  the  local  board  of  health 
or  health  officer  in  accordance  with  the  provisions  of 
the  public  health  law  shall  take  such  procedure  as  will 
prevent  said  person  continuing  a  menace  to  the  public 
health  and  assist  in  his  cure.  (Added  June  25,  1918, 
in  effect  August  1,  1918. )  t 

Regulation  29-e.  Duties  of  physicians  and  others 
and  others  under  the  public  health  law  concerning  syphilis,  gonor- 
iaw  rhoea  and  chancroid.     It  shall  be  the  duty  of  every 

physician  or  other  person  required  to  perform  any 
duty  or  refrain  from  any  act  under  article  17-b  of  the 
public  health  law  as  added  by  chapter  264  of  the  laws 
of  1918,  providing  for  the  regulation  of  syphilis,  gonor- 
rhoea and  chancroid  ("venereal  diseases"),  to  take  all 
steps  incumbent  on  him  and  necessary  to  carry  into 
effect  the  provisions  of  the  said  law.  (Added  June  25, 
1918,  in  effect  August  1,  1918.) 

Regulation  30.  Isolation  or  removal  in  smallpox.  It 
shall  be  the  duty  of  every  health  officer,  whenever  a  case 
of  smallpox  occurs  in  his  jurisdiction,  if  a  suitable 
hospital  is  available,  to  remove  or  cause  to  be  removed 
such  case  promptly  thereto.  Every  inmate  of  the  house- 
hold where 'such  case  occurs,  and  every  person  who  has 


Duties    of 
physicians 


Smallpox, 
or  isolation 
removal 


t  See  §  343-o,  p.  239 


The  Sanitary  Code  319 

had  contact  with  such  case,  or  with  his  secretions  or 
excretions,  shall  be  either  vaccinated  within  three  days  vaccina- 
of  his  first  exposure  to  the  disease  or  placed  under  quar-  qyaran- 
antine,  and,  when  vaccinated,  the  name  and  address  of  tine    of 

inmates     of 

such  inmate  or  other  person  shall  be  taken  and  such  household 
inmate  or  other  person  shall  be  kept  under  daily  obser- 
vation. Such  observation  shall  continue  until  successful 
vaccination  results,  or  for  at  least  twenty  days.  If 
such  inmate  or  other  person  refuses  to  be  vaccinated, 
he  shall  be  quarantined  until  discharged  by  the  local 
health  officer. 

If  there  is  no  hospital  available,  the  patient  shall  be 
isolated   and   every   inmate   of   the   household   shall  be 
vaccinated  or  strictly  quarantined  until  discharged  by    - 
the  local  health  officer. 

Whenever  a  case  of  smallpox  occurs  in  his  jurisdic-  ^C^1T^' 
tion,  it  shall  be  the  duty  of  the  local  health  officer  to  quaran- 
use  all  diligence  in  securing  the  names  and  addresses  of  contacts 
all  persons  who  have  had  contact  with  such  case,  and 
in  causing  such  persons  to  be  either  vaccinated  or  placed 
under  quarantine. 

Regulation  31.    Provision  for   free   vaccination,  f     It  ?oa,rdl.  of 

0  **  health   to 

shall  be  the  duty  of  the  board  of  health  of  every  munici-  provide 
pality  to  provide,  at  public  expense,  free  vaccination  for  cinauonC~ 
all  persons  in  need  of  the  same. 

Regulation  32.     Removal  to  hospital  or  isolation  and  Removal 
restriction  of  visiting  in  certain  cases.     It  shall  be  the  *°  ^j^*8,1 
duty   of   the  health   officer   to   remove,   or   cause   to  be  tion 
removed,  every  case  of  diphtheria,  measles,  scarlet  fever 
or    poliomyelitis,    acute    anterior    (infantile   paralysis) 
promptly  to   a   suitable  hospital,   or   to   see  that   such 
case    is    properly    isolated.       Such    isolation    shall    be 
maintained  until  its  discontinuance  is  permitted  by  the 
health  officer. 

Xo  person,  except  the  physician  and  the  nurse  or  Restric- 
other  person  in  attendance,  shall  be  permitted  to  come  visiting 
in  contact  with  or  to  visit  a  case  of  diphtheria,  measles, 


t  Public  Health  Law,  §  25,  p.  39,  and  §  310,  p.  199 


320 


The  Public  Health  Manual 


Removal 

to   hospital 

from 

hotels, 

lodging 

houses, 

etc. 


Isolation 
and    provi- 
sion   for 
person    who 
cannot     be 
removed 


Quaran- 
tine   of 
entire 
house- 
hold,   in 
emer- 
gencies 


Maximum 
period    of 

incuba- 
tion 


scarlet  fever  or  poliomyelitis,  acute  anterior  (infantile 
paralysis),  except  oy  permission  of  the  health  officer. 

This  regulation  as  amended  shall  take  effect  June  1, 
1917.     (Amended  May  17,  1917.) 

Regulation  33.  Removal  to  hospital  from  lodging 
houses,  hotels,  or  boarding  houses,  or  isolation,  and  pro- 
vision for  persons  who  cannot  be  removed.  It  shall  be 
the  duty  of  the  health  officer,  whenever  a  case  of  diph- 
theria, scarlet  fever,  or  typhus  fever  occurs  in  a  lodging 
house,  hotel,  or  boarding  house  within  his  jurisdiction, 
if  a  suitable  hospital  is  available,  to  remove  or  cause 
to  be  removed  such  case  promptly  thereto,  unless  in 
the  judgment  of  such  officer,  the  case  can  be  safely 
isolated  on  the  premises. 

If  there  be  no  proper  hospital  available,  or  if,  for  any 
sufficient  reason,  such  case  cannot  be  removed,  it  shall 
be  the  duty  of  the  municipal  authorities  to  make  pro- 
vision, when  necessary,  for  the  medical  and  nursing  care 
of  such  case  in  such  lodging  house,  hotel,  or  boarding 
house,  and  the  local  health  officer  may,  if  in  his  judg- 
ment such  action  seems  necessary,  remove  or  cause  to 
be  removed  the  other  inmates  therefrom. 

Regulation  34.  Quarantine  in  certain  emergencies. 
When  any  case  of  diphtheria,  epidemic  cerebrospinal 
meningitis,  measles,  scarlet  fever,  smallpox,  poliomye- 
litis, acute  anterior  (infantile  paralysis),  or  typhus 
fever  is  not  or  cannot  be  properly  isolated  on  the 
premises  and  cannot  be  removed  to  a  suitable  hospital, 
it  shall  be  the  duty  of  the  local  health  officer  to  forbid 
any  member  of  the  household  from  leaving  the  prem- 
ises, except  under  such  conditions  as  he  may  specify 
and  except  as  provided  by  regulation  twelve  of  this 
chapter. 

This  regulation  as  amended  shall  take  effect  June  1. 
1917.       (Amended    May    17,    1917.) 

Regulation  35.  Maximum  period  of  incubation.  For 
the  purpose  of  this  code,  the  maximum  period  of  incu- 
bation   (that  is,  between  the  date   of  the  exposure  to 


The  Sanitary  Code  321 

disease  and  the  date  of  its  development),  of  the  follow- 
ing communicable  diseases  is  hereby  declared  to  be  as 
follows : 

Chickenpox 21  days 

Measles 14  days 

Mumps 21  days 

Poliomyelitis,      acute      anterior       (infantile 

paralysis)    14  days 

Scarlet  fever 7  days 

Smallpox    20  days 

Whooping   cough 14  days 

This  regulation  as  amended  shall  take  effect  June  1, 
1917.     (Amended  May  17,  1917.) 

Regulation   36.     Minimum   period   of   isolation.     The  Minimum 
minimum  period  of  isolation,  within  the  meaning  of  this  Per"iod    of 

*  °  isolation 

code,   shall  be  as  follows: 

Chickenpox,  until  twelve  days  after  the  appearance  of 
the  eruption  and  until  the  crusts  have  fallen  and  the 
scars  are  completely  healed. 

Diphtheria  (membranous  croup),  until  two  successive 
negative  cultures  have  been  obtained  from  the  nose  and 
throat  at  intervals  of  not  less  than  twenty-four  hours, 
the  first  of  such  cultures  being  taken  not  less  than  nine 
days  from  the  day  of  the  onset  of  the  disease. 

Epidemic  cerebrospinal  meningitis,  until  two  weeks 
after  the  temperature  has  become  normal  or  until 
three  successive  cultures,  obtained  from  the  naso- 
pharynx at  intervals  of  not  less  than  five  days,  shall 
be  found  free  of  meningococci.  (Added  June  25,  1918y 
in  effect  August   1,   1918.) 

Measles,  until  at  least  five  days  after  the  appearance 
of  the  rash. 

Mumps,  until  two  weeks  after  the  appearance  of  the 
disease  and  one  week  after  the  disappearance  of  the 
swelling. 

Poliomyelitis,  acute  anterior  (infantile  paralysis), 
until  three  weeks  from  the  day  of  the  onset  of  the 
disease. 

11 


322  The  Public  Health  Manual 

Scarlet  fever,  until  thirty  days  after  the  development 
of  the  disease  and  until  all  discharges  from  the  nose, 
ears  and  throat,  or  suppurating  glands  have  ceased. 

Smallpox,  until  fourteen  days  after  the  development 
of  the  disease  and  until  scabs  have  ail  separated  and  the 
scars   completely  healed. 

Typhoid  or  para-typhoid  fever,  if  the  patient's  occupa- 
tion involves  the  handling  of  milk,  dairy  products,  or 
other  food,  until  all  signs  of  the  disease,  or  all  secondary 
or  complicating  infections  incited  by  the  agents  of  these 
diseases,  have  disappeared,  and  until  two  successive 
specimens  of  the  intestinal  discharges  of  the  patient 
have  been  taken  at  an  interval  of  not  less  than  seven. 
days  and  have  been  examined  in  a  laboratory  approved 
by  the  state  commissioner  of  health  and  found  to  be 
free  from  typhoid  or  para-typhoid  bacilli. 

Whooping  cough,  until  eight  weeks  after  the  develop- 
ment of  the  disease  or  until  one  week  after  the  last 
characteristic  cough. 

This  regulation  as  amended  shall  take  effect  January 
15,  1919.     (Amended  October  5,  1915,  May  17,  1917,  June 
25,    1918,    August    1,    1918,    December    4,    1918,    and 
January  10,  1919.) 
sale  of  Regulation  37.     Sale   of  foods   forbidden   in   certain 

cases.  When  a  case  of  diphtheria,  epidemic  or  septic 
sore  throat,  amoebic  or  bacillary  dysentery,  epidemic 
cerebrospinal  meningitis,  scarlet  fever,  smallpox, 
poliomyelitis,  acute  anterior  ( infantile  paralysis ) ,  or 
typhoid  fever  exists  on  any  farm  or  dairy  producing 
milk,  cream,  butter,  cheese,  or  other  foods  likely  to  be 
consumed  raw,  no  such  foods  shall  be  sold  or  delivered 
from  such  farm  or  dairy,  except  under  the  following 
conditions : 

(a)  That  such  foods  are  not  brought  into  the  house 
where  such  case  exists; 

(b)  That   all   persons   coming   in   contact  with   such 
foods  eat,  sleep  and  work  wholly  outside  such  house; 


food    for 
"bidden 


The  Sanitary  Code  323 

(c)  That  such  persons  do  not  come  in  contact  in  any 
way  with  such  house  or  its  inmates   or  contents ; 

(d)  That  said  inmates  are  properly  isolated  and  sepa- 
rated from  all  other  parts  of  said  farm  or  dairy,  and 
efficiently  cared  for;  and 

(e)  That   a  permit  be  issued  by  the   health   officer. 
This  regulation  as  amended  shall  take  effect  June  1, 

1917.      (Am'd  Sept.  16,  1914  and  May  17,  1917.) 

Regulation  38.  Destruction  of  foods  m  certain  cases.f  Destruc- 
When  a  case  of  diphtheria,  epidemic  or  septic  sore  f00d 
throat,  amoebic  or  bacillary  dysentery,  epidemic  cerebro- 
spinal meningitis,  scarlet  fever,  smallpox,  poliomye- 
litis, acute  anterior  (infantile  paralysis),  or  typhoid 
fever  exists  on  any  farm  or  dairy  producing  milk, 
cream,  butter,  cheese,  or  other  foods  likely  to  be  con- 
sumed raw,  the  state  commissioner  of  health  or  the 
local  health  officer  may  destroy  or  order  the  destruction 
of  any  such  foods  which  in  his  opinion  may  have  been 
so  contaminated  as  to  be  a  source  of  danger. 

This  regulation  as  amended  shall  take  effect  June  1, 
1917.     (Am'd  Sept.  16,  1914  and  May  17,  1917.) 

Regulation  39.    Handling  of  food  forbidden  in  certain  Handling 
cases.     No  person  affected  with  any  communicable  dis-  forbidden 
ease   shall  handle   food  or   food   products   intended  for 
sale,  which  are  likely  to  be  consumed  raw  or  liable  to 
convey  infective  material. 

Xo  person  who  resides,  boards,  or  lodges  in  a  house- 
hold where  he  comes  in  contact  with  any  person  affected 
with  bacillary  dysentery,  diphtheria,  epidemic  or  septic 
sore  throat,  measles,  scarlet  fever,  poliomyelitis,  acute 
anterior  (infantile  paralysis),  or  typhoid  fever,  shall 
handle  food  or  food  products  intended  for  sale. 

No  waiter,  waitress,  cook,  or  other  employee  of  a 
boarding  house,  hotel,  restaurant,  or  other  place  where 
food  is  served,  who  is  affected  with  any  communicable 
disease,  shall  prepare,  serve,  or  handle  food  for  others 
in  any  manner  whatsoever. 

t  See  Food  Commission  Law,  §  15,  subd.  c,  p.  451 


324 


The  Public  Health  Manual 


Carriers 
of  dis- 
ease sub- 
ject  to 
rules  and 
regula- 
tions  of 
state   de- 
partment 

Reports    of 

food 

poisoning 


No  waiter,  waitress,  cook,  or  other  employee  of  a 
boarding  house,  hotel,  restaurant,  or  other  place  where 
food  is  served,  who  lodges  or  visits  in  a  household  where 
he  comes  in  contact  with  any  person  affected  with  bacil- 
lary  dysentery,  diphtheria,  epidemic  or  septic  sore 
throat,  measles,  scarlet  fever,  poliomyelitis,  acute  an- 
terior (infantile  paralysis),*  or  typhoid  fever  shall 
prepare,  serve  or  handle  food  for  others  in  any  manner 
whatsoever. 

This  regulation  as  amended  shall  take  effect  June  1, 
1917.     (Amended  May  17,  1917.) 

Regulation  40.  Carriers  of  disease  germs.  Any  per- 
son who  is  a  carrier  of  the  disease  germs  of  Asiatic 
cholera,  bacillary  dysentery,  diphtheria,  epidemic  cere- 
brospinal meningitis,  poliomyelitis  (infantile  paralysis), 
or  typhoid  fever,  shall  be  subject  to  the  special  rules 
and  regulations  of  the  state  department  of  health. 

Regulation  41.  Reports  of  food  poisoning.  When  any 
physician  or  the  superintendent  or  person  in  charge  of 
any  hospital,  other  institution,  or  dispensary,  or  any 
visiting  nurse  or  public  health  nurse,  or  the  person  in 
charge  of  any  labor  or  other  camp  shall  have  knowledge 
of  the  occurrence  of  a  number  or  group  of  cases  of 
severe  or  fatal  illness  believed  to  have  been  due  to  the 
consumption  of  articles  of  food  suspected  to  have  been 
spoiled  or  poisonous,  it  shall  be  the  duty  of  such  physi- 
cian, superintendent,  nurse,  or  other  person  to  report 
the  same  immediately,  by  telephone  or  telegram,  when 
practicable,  to  the  state  commissioner  of  health  and  to 
the  local  health  officer  in  whose  jurisdiction  such  cases 
occur. 

It  shall  be  the  duty  of  the  local  health  officer  to 
report  immediately  to  the  state  commissioner  of  health, 
by  telephone  or  telegram,  when  practicable,  the  occur- 
rence of  a  number  or  group  of  such  cases.* 


*  This  regulation  is  included  here  for  convenience  in  notification 
and  regulation 


The  Sanitary  Code  325 

Regulation  42.   Duties  of  physicians  and  other  persons  Duties  of 
concerning  tuberculosis.     It  shall  be  the  duty  of  every  phJsici?Js 
physician  or  other  person  required  to  perforin  any  duty  concern- 
under  sections  three  hundred  and  twenty  to  three  hun-  cufosis  eF" 
dred  and  thirty,  both  inclusive,  of  article  sixteen  of  the 
public  health  law,  providing  for  the  reporting  and  con- 
trol of  cases  of  tuberculosis,  to  take  all  steps  incumbent 
on  him  and  necessary  to  carry  into  effect  the  provisions 
of  the  said  law. 

Regulation  42-a.    Duties  of  health  officer  on  receiving  Duties  of 
report  of  apparent  case  of  tuberculosis.     Upon  receiv-  office? 
ing  a  report  in  writing  of  an  apparent  case  of  tuber-  concern- 
culosis,  as  authorized  by  section  320  of  the  public  health  parent 
law,  the  health  officer  shall  thereupon  take  the  follow-  t^gr.of 
ing  steps:  cuiosis 

1.  If  the  alleged  case  has  been  previously  reported  to  Previ- 
him  by  a  physician  as  having  tuberculosis  and  the  latter  Sported 
has  elected  to  assume  the  sanitary  supervision  thereof  by  pay- 

sici3,n 

a3  permitted  in  section  328  of  the  public  health  law, 
the  health  officer  shall  ascertain  promptly  whether  such 
physician  is  maintaining  proper  sanitary  supervision. 

2.  If  the  alleged  case  has  not  been  previously  reported  Not  pre- 
to  him  as  having  tuberculosis,  the  health  officer  shall  reported 

take   proper    measures   to    determine   whether   there    is  by  P°y- 

sician 
reason  to  believe  such  person  is  affected  with  pulmon- 
ary tuberculosis  and  if  by  suitable  physical  or  sputum 
examination,  or  both,  he  ascertains  that  the  person  is 
affected  with  pulmonary  tuberculosis  he  shall  then  pro- 
ceed in  accordance  with  the  provisions  of  the  public  health 
law  and  the  rules  of  the  state  department  of  health. 

This  regulation  shall  take  effect  throughout  the  state 
of  New  York,  except  in  the  city  of  New  York,  on  the  Duties  of 
first  day  of  March,  1916.     (Added  December  7,  1915.)       when 
officers  when  deaths  from  communicable  diseases  are  fre0a*s 

Regulation    42-b.     Duties    of    registrars    and    health  communi- 
reported.     1.  It  shall  be  the  duty  of  the  local  registrar  diseases 
of  vital  statistics  whenever  a  certificate  of  death  from  Sported 


326 


The  Public  Health  Manual 


Duties  of 

health 

officer 


Delin- 
quent 
physicians 
to   be  re- 
ported 
to    state 
depart- 
ment 


Inocula- 
tions 
with    liv- 
ing   bac- 
teria  for- 
bidden 
without 
written 
permit 
from 
state 
commis- 
sioner   of 
health 


Distribu- 
tion   of 
living 
cultures 
to    be 
approved 


a  communicable  disease  has  been  filed  with  him  to 
immediately  report  to  the  health  officer  the  name,  age 
and  address  of  the  deceased,  together  with  the  disease, 
and  the  name  of  the  physician  who  has  filed  such 
certificate. 

2.  It  shall  be  the  duty  of  every  health  officer  upon 
receiving  such  notice  to  ascertain  immediately  whether 
such  person  has  been  reported  during  life  with  such 
communicable  disease. 

3.  It  shall  be  the  duty  of  every  health  officer,  if  he 
ascertains  that  a  physician  has  failed  to  report  a  case 
of  communicable  disease,  to  inform  the  physician  of 
his  failure  to  conform  with  the  sanitary  code,  and  to 
report  to  the  state  department  of  health  the  name  of 
every  physician  failing  to  report  cases  of  communicable 
diseases. 

This  regulation  shall  take  effect  June  1,  1917. 
(Added  Mar.  20,  1917.) 

Regulation  43.  Inoculation  with  living  bacteria.  The 
use  of  living  bacterial  organisms  in  the  inoculation  of 
human  beings  for  the  prevention  or  treatment  of  disease 
is  hereby  prohibited  until  full  and  complete  data  regard- 
ing the  method  of  use,  including  a  specimen  of  the  cul- 
ture and  other  agents  employed  therewith,  and  a  full 
account  of  the  details  of  preparation,  dosage,  and  ad- 
ministration, shall  have  been  submitted  to  the  state 
commissioner  of  health  and  until  permission  shall  have 
been  granted  in  writing  by  the  state  commissioner  of 
health  for  the  use  of  the  same. 

Regulation  43-a.  Distribution  of  living  cultures  of 
disease  inducing  bacteria.*  No  person  having  in  his  pos- 
session the  cultures  of  pathogenic  bacteria  shall  sell  or 
convey  such  cultures  to  any  person  or  laboratory  unless 
first   approved   by  the   State   Commissioner   of   Health. 

This  amendment  shall  take  effect  May  1,  1916. 
(Added  Feb.  4,  1916.) 


*  See  L.  1917,  Chap.  411,  p.  504 


The  Sanitary  Code  327 

Regulation  44.    Inspection  of  laboratories.*    The  state  inSpec- 
commissioner  of  health,  or  his  authorized  representative,  ^ora-f 
shall  have  authority  to  inspect  every  bacteriological  or  tories 
chemical  laboratory  doing  work  for  the  health  authori- 
ties   of    the    state    or    of    any    county    or    municipality 
therein.     He  may  advise  the  person  in  charge  of  such 
laboratory  as  to  the  methods  employed  in  the  examina- 
tions which  in  any  way  affect  the  public  health,  and  he 
may  report  the  result  of  the  inspection  to  the  authorities 
of  the  county  or  municipality  employing  such  laboratory. 

Regulation  45.  Cleansing,  renovation,  and  disinfec- 
tion required.  Adequate  cleansing  of  rooms,  furniture 
and  belongings,  when  deemed  necessary  by  the  local 
health  officer,  or  required  by  this  code  or  otherwise  by 
laAv,  shall  immediately  follow  the  recovery,  death,  or 
removal  of  a  person  affected  with  a  communicable 
disease.  Such  cleansing  shall  be  performed  by  and  at  Cleansing, 
the  expense  of  the  occupant  of  said  premises,  upon  the  pense~of 
order  and  under  the  direction  of  the  local  health  officer,   occupant 

of    prem- 

in  accordance  with  the  regulations  of  the  sanitary  code,  ises 

Adequate  renovation  of  premises,  when  deemed  neces-  Renova- 
sary  by  the  local  health  officer,  or  required  by  this  code  tlon  at 

*'       J  i  1         (     ■  expense 

or  otherwise  by  law,  shall  immediately  follow  the  of  owner 
recovery,  death,  or  removal  of  a  person  affected  with  a  °sespre 
communicable  disease.  'Such  renovation  shall  be  per- 
formed by  and  at  the  expense  of  the  oioner  of  said 
premises  or  his  agents,  upon  the  order  and  under  the 
direction  of  the  local  health  officer,  in  accordance  with 
the  regulations  of  the  sanitary  code. 

Adequate  disinfection  of  premises,  furniture  and  be    Disinfec- 
longings,   when   deemed  necessary  by   the   local  health  public 
officer  or  required  by  this  code  or  otherwise  by  law,  shall  exPense 
immediately  follow  the  recovery,  death,  or  removal  of  a 
person  affected  with  a  communicable  disease.     Such  dis- 
infection shall  be  performed  by  or  under  the  direction 
of  the  local  health  officer  in  accordance  with  the  regula- 


*  Public  Health  Law,  §  4-b,  p.  15,  and  Sanitary  Code,    Chap.   IX, 
Reg.  1,  p.  362 


328 


The  Public  Health  Manual 


Cleans- 
ing, 

methods 
and    pre- 
cautions 


Renova- 
tion, 
methods 
and    pre- 
cautions 


Disinfec- 
tion, 
methods 
and    pre- 
cautions 


tions  of  the  sanitary  code  and   at  the  public  expense 
unless  otherwise  provided  pursuant  to  law. 

Regulation  46.  Methods  and  precautions  in  cleansing, 
renovation  and  disinfection.  The  following  methods  and 
precautions  shall  be  observed  in  cleansing,  renovation 
and  disinfection: 

(a)  Cleansing  shall  be  secured  by  the  thorough  re- 
moval of  dust  and  other  contaminating  material  in  such 
a  way  as  to  prevent  the  entry  thereof,  as  far  as  may 
be  possible,  into  other  rooms  or  dwellings;  washing 
with  soap  and  water;  scouring;  airing;  and  exposure 
to  sunlight;  in  accordance  with  the  special  rules  and 
regulations  of  the  state  department  of  health. 

(b)  Renovation  shall  be  secured  by  removing  old 
paper  from  walls  and  ceilings,  and  repainting,  reealci- 
mining,  or  repapering  of  walls,  ceilings,  and  woodwork 
as  may  be  ordered  by  the  local  health  officer  in  accord- 
ance with  the  special  rules  and  regulations  of  the  state 
department  of  health. 

(c)  Disinfection  of  rooms  shall  be  secured  by  the  use 
of  such  disinfecting  agents  in  such  quantities  and  in 
such  manner  and  of  such  sterilizing  procedures  as  may 
be  ordered  by  the  local  health  officer,  in  accordance 
with  the  special  rules  and  regulations  of  the  state 
department  of  health.  When  gaseous  disinfectants  are 
to  be  used,  all  cracks,  crevices,  and  openings  into  the 
room  shall  first  be  pasted  over  with  paper.  Thereafter. 
all  rugs,  carpets,  upholstered  furniture,  and  such  tex- 
tile fabrics  in  the  said  room  as  cannot,  in  the  opinion 
of  the  local  health  officer,  be  washed  or  soaked  in  a 
disinfecting  solution,  may  be  removed  for  disinfection 
by  steam  when  ordered  by  the  local  health  officer,  in 
accordance  with  the  special  rules  and  regulations  of 
the  state  department  of  health.* 


*  Thorough  cleansing,  the  use  of  soap  and  water,  and  full  exposure 
to  fresh  air  and  sunlight  are  most  efficient  means  of  removing  infective 
material,  not  only  from  the  walls  and  floors  of  rooms,  but  also  from 
furniture  and  other  articles 


The  Sanitary  Code  320 


Regulation  47.     Destruction  of  furniture,  clothing  and  De.= 


true- 


other    articles.      Furniture,    bedding,    clothing,    carpets,  fu°nit°fre! 
rugs,  and  other  articles,  which  may  have  been  contami-  clothing, 

.  , .  etc.,     upon 

nated  with  infective  material   from   any  case   of   diph-  order    of 
theria,    scarlet   fever,   or    smallpox,    and   which    are    of  J^J 
such  a  nature  or  in  such  condition  that  they  cannot, 
in   the  opinion  of  the  local  health  officer,  be  properly 
cleansed,  disinfected,  or  sterilized,  shall  upon  his  order 
be  destroyed  in  the  manner  designated  by  him. 

Regulation  48.     Cleansing  and  disinfection  of  the  per-  cieans- 
son.     It   shall   be  the  duty   of  the  patient,  upon  con-  disinfec- 
valescence  or  recovery  from  any  communicable  disease,  person 
and  of  the  nurse  or  persons  in  attendance  on  such  case,  nurseat:ent' 
throughout  the  course  of  the  disease  as  well  as  at  its  etc- 
close,  suitably  to  cleanse  and,  when  necessary,  to  disin- 
fect their  persons  in  accordance  with  the  manner  pre: 
scribed  by  the  special  rules  and  regulations  of  the  state 
department  of  health. 

Regulation  49.    Letting  of  rooms  forbidden  while  con-  occupa- 
taminated  with  infective  material.     No  proprietor  of  a  rooms 
hotel,   boarding  house,   or   lodging  house   shall   let   for  J^jdden 
hire  or  cause  or  permit  anvone  to  occupy  a  room  or  cleansed, 

x  "  *•'■'  renovated 

apartment  previously  occupied  by  a  person  affected  with  or  disin- 
diphtheria,  epidemic  cerebrospinal  meningitis,  measles, 
poliomyelitis  ( infantile  paralysis ) ,  scarlet  fever,  small- 
pox, tuberculosis,  or  typhus  fever,  until  such  room  or 
apartment  has  been  cleansed,  renovated,  or  disinfected, 
under  the  direction  of  the  local  health  officer. 

When  an  order  requiring  the  cleansing,  renovation,  or  Health 
disinfection    of    articles    or    premises    is    not    complied  may 
with,  the  local  health  officer   shall  post  a   placard  on  premises 
the  premises,  reading  as  follows: 

"Notice:     These  apartments  have  (or  this  room  has) 

been  occupied  by  a  person  affected  with    

They    (or  it)    must  not  again  be  occupied  until  orders 
for    cleansing,    renovation,    or    disinfection    have    been 


330 


The  Public  Health  Manual 


Duties    of 

common 

carriers 

during 

epidemics 


Placard- 
ing by 
common 
carriers 


complied  with.    This  notice  must  not  be  removed  under 
penalty  of  the  law. 

Date   

Health  Officer." 

Regulation  50.  Duties  of  common  carriers  during  epi- 
demics. Whenever  the  state  commissioner  of  health  shall 
make  public  declaration  of  the  existence  of  an  epidemic 
of  a  communicable  disease  in  any  municipality,  and 
shall  notify  the  local  health  board  or  officer  of  such 
declaration,  the  state  commissioner  of  health  may  de- 
clare, and  his  declaration  shall  have  the  force  and  effect 
of  law,  that  no  common  carrier  shall  receive  or  admit 
any  person  for  carriage  or  transportation  in  such  mu- 
nicipality except  upon  the  presentation  and  surrender 
to  the  agent,  conductor,  or  other  person  in  charge  of 
the  conveyance,  in  which  such  person  desires  to  travel, 
of  a  certificate  by  the  local  health  officer  to  the  effect 
that  such  person  is,  in  the  opinion  of  the  officer  issuing 
the  same,  free  from  the  disease  then  epidemic,  and  that 
such  person  may  be  received  and  carried  without  dan- 
ger to  the  general  public  health,  and  giving  in  plain, 
legible  writing  the  name,  residence,  and  place  of  desti- 
nation of  such  person;  and  said  declaration  may  fur- 
ther provide  that  no  person  shall  board  or  enter  any 
such  conveyance  without  such  certificate. 

Such  certificate  shall  be  filed  in  the  office  of  the  state 
department  of  health  by  the  common  carrier  receiving 
the  same  within  thirty-six  hours  after  the  receipt 
thereof. 

The  provisions  of  this  regulation  shall  not  apply  to 
common  carriers  carrying  passengers  wholly  within 
the  limits  of  the  municipality  affected. 

Regulation  51.  Placarding  by  common  carriers.  When 
the  declarations  are  made  as  provided  in  the  preceding 
regulation,  and  a  common  carrier  of  passengers  or  an 
officer  or  agent  thereof  is  notified  by  the  state  commis- 
sioner of  health  or  by  the  local  health  officer  of  such 


The  Sanitary  Code  331 

declaration,  it  shall  be  the  duty  of  such  common  carrier 
of  passengers  operating  public  conveyances  in  any  such 
municipality  to  forthwith  conspicuously  place  or  post 
in  every  station,  within  such  area  as  the  state  commis- 
sioner may  designate,  and  in  every  conveyance  the 
placard  hereinafter  described,  and  to  keep  the  same 
posted  until  the  epidemic  is  declared  ended  by  the  state 
commissioner  of  health: 

"  WARNING 

THERE  IS  AN  OUTBREAK  OF IN 

(give  name  of  the  disease  and  of  city,  town,  or  village) 
PASSENGERS    ARE    CAUTIONED. 

STATE  COMMISSIONER  OF  HEALTH." 

Said  placard  shall  be  in  heavy  block  letters  in  red 
ink  on  a  white  background,  with  each  letter  not  less 
than  two  inches  in  height  and  one  and  a  half  inches  in 
width,  and  shall  be  posted  so  that  the  same  shall  be 
in  plain  view  of  passengers  when  they  are  seated. 

Any  common  carrier  aforesaid  entering  any  such  mu- 
nicipality shall  post  such  placard  in  such  conveyance 
in  the  manner  aforesaid  at  least  one  hour  before  arriv- 
ing in  any  municipality  in  which  an  epidemic  is  de- 
clared to  exist,  and  shall  keep  the  same  posted  not  less 
than  half  an  hour  after  departing  therefrom. 

Regulation  52.     Duties  of  undertakers.     It  shall  be  Duties  of 

under- 

the  duty  of  every  undertaker  taking  charge  of  the  takers 
preparation  for  burial  of  the  body  of  any  person  to 
ascertain  whether  such  person  died  of  a  communicable 
disease  and  if  such  person  died  of  Asiatic  cholera, 
diphtheria,  epidemic  cerebrospinal  meningitis,  glanders, 
plague,  scarlet  fever,  smallpox,  or  typhus  fever  it  shall 
be  his  duty  to  cause  it  immediately  to  be  wrapped  in 
a  sheet  saturated  with  disinfecting  solution  and 
promptly  thereafter  placed  in  a  coffin  or  casket,  which 
shall    then    be    immediately    and    permanently    closed. 


V32 


The  Public  Health  Manual 


Embalm- 
ing 


Public 
funerals 
forbidden 
in   certain 
cases 


Tliis  regulation  shall  not  be  construed  to  prohibit  the 
embalming  of  any  such  body,  but  the  undertaker  shall 
cause  such  embalming  to  be  done  immediately  upon 
taking  charge  of  the  body,  except  that,  when  a  permit 
for  embalming  is  required,  this  shall  not  proceed  until 
the  receipt  of  such  permit.  But  immediately  after  the 
embalming  he  shall  cause  such  body  to  be  wrapped  in 
a  sheet  and  placed  in  a  coffin  or  casket  as  hereinabove 
directed. 

After  handling,  embalming,  or  preparing  for  burial 
the  body  of  a  person  dead  of  any  of  the  communicable 
diseases  enumerated  in  this  regulation,  such  parts  of 
the  persons,  garments,  and  utensils  or  other  articles  of 
the  undertaker  or  his  assistants,  as  may  have  been  liable 
to  contamination  with  infective  material,  shall  be  imme- 
diately cleansed  or  disinfected  or  sterilized  in  the  man- 
ner prescribed  by  the  rules  and  regulations  of  the  state 
department  of  health. 

This  regulation  shall  take  effect  throughout  the  state 
of  New  York,  except  the  city  of  New  York,  on  the  first 
day  of  March,  1915.     (Amended  February  2,  1915.) 

Regulation  53.  Public  funerals  forbidden  in  certain 
cases.  A  public  or  a  church  funeral  shall  not  be  held 
of  any  person  who  has  died  of  diphtheria,  measles,  scar- 
let fever,  smallpox,  or  typhus  fever,  unless  the  body 
is  enclosed  in  a  properly  sealed  casket  and  the  consent 
of  the  local  health  officer  has  first  been  obtained.* 
(Amended  May  14,  1918,  in  effect  May  16,  1918.) 


*  The  purpose  of  this  regulation  is  to  prevent  the  spread  of  disease 
by  any  members-  of  the  deceased's  family  or  household  who  may  be 
convalescent  from  the  disease,  or  who  may  have  the  disease  in  a  mild 
or  Unrecognized  form,  or  who  may  be  a  carrier  thereof 

In  view  of  the  probability  of  the  return  from  time  to  time  of  bodies  of 
soldiers  who  have  died  of  communicable  diseases,  the  Public  Health 
Council  amended  Regulation  53  by  striking  out  the  words  "but  any 
funeral  of  such  person  shall  be  private  ' '  and  substituting  the  following : 
"  unless  the  body  is  enclosed  in  a  properly  sealed  casket  and  the  consent 
of  the  local  health  officer  has  first  been  obtained  " 

The  intent  of  the  amendment  is  to  make  it  possible  for  a  health  officer, 
at  his  discretion,  to  issue  permission  for  public  funerals  in  instances  in 
which  there  has  been  no  contact  between  the  deceased  and  his  friends  or 
relatives  during  his  illness 


The  Sanitary  Code  333 

Regulation  54.  When  to  take  effect.  Every  regula- 
tion in  this  chapter,  unless  otherwise  specifically  stated, 
shall  take  effect  on  the  first  day  of  May,  1914. 

CHAPTER  III 

Milk  and  Cream 
(Adopted  June  16,  1914) 

Regulation   1.    Permit  required  for  sale   of  milk  in  Permit 
municipalities.      No    corporation,    association,    firm    or  for   saie 
individual   shall   sell   or   offer    for   sale     at  retail  milk  of  ™UJ_ 

or    cream 

or  cream  in  any  municipality  without  a  permit  from 
the  health  officer  thereof,  which  shall  be  issued  subject 
to  such  conditions  as  may  be  imposed  by  this  code  or 
by  the  local  health  officer.  Such  permit  shall  expire  Renew- 
on  the  thirty-first  day  of  March,  unless  another  date 
is  designated  by  the  local  authorities,  and  shall  be 
renewable  on  or  before  such  date  in  each  year,  and 
may  be   revoked   at   any   time   for   cause   by   the   state  May , b® 

J  J  J  revoked 

commissioner  of  health  or  the  local  health  officer  after  after 
a  hearing  on  due  notice.      (Amended   Oct.   1,   1914,  in 
effect  Nov.   16,  1914.) 

Regulation  2.    Application  for  permit  required.     No  Appiica- 
permit  for  the  sale  at  retail  of  milk  or  cream  in  any  quirea 
municipality  shall  be  issued  unless  written  application, 
sworn  to  by  the  applicant,  has  been  made  therefor  in 
the  form  prescribed  by  the  state  commissioner  of  health. 
(Amended  Oct.  1,  1914,  in  effect  Nov.  16,  1914.) 

Regulation  3.     Information  required  in  application  for  informa- 
permit.    Every  application  for  a  permit  to  sell  at  retail  quired 


milk  or  cream  in  any  municipality  shall  contain  the 
name  of  each  producer  from  whom  the  applicant  re- 
ceives or  expects  to  receive  milk  or  cream  for  sale, 
together  with  the  approximate  amount  of  milk  or 
cream  to  be  furnished  by  each  such  producer,  and  upon 
change  in  the  source  or  amount  of  supply  notice  thereof 


for    per- 
mit 


334 


The  Public  Health  Manual 


Inspection 
and   scor- 
ing   of 
dairy 

farms 


shall    be    given    promptly    to    the    local    health    officer. 
(Amended  Oct.  1,  1914,  in  effect  Nov.  16,  1914.) 

Regulation  4.  Dairy  farms  to  be  inspected  and 
scored.  Previous  to  the  first  day  of  January,  1915, 
the  health  officer  or  his  representative  in  every  mu- 
nicipality shall  make  a  sanitary  inspection  of  every 
dairy  farm  where  milk  or  cream  is  produced  for  sale 
at  retail  in  such  municipality  and  shall  score  each 
such  dairy  farm  on  the  score  card  prescribed  by  the 
state  commissioner  of  health. 

On  or  after  the  first  day  of  January,  1915,  each 
such  health  officer  or  his  representative  shall  make 
such  inspection  and  scoring  at  least  once  in  each  year 
and  before  the  thirty-first  day  of  (March  in  each  yeai 
unless  another  date  is  designated  by  the  local  authori- 
ties pursuant  to  regulation  1  of  this  chapter. 

The  local  health  officer  of  such  municipality  may, 
however,  in  his  discretion,  accept  the  inspection  and 
scoring  by  the  health  officer  or  his  representative  of 
another  municipality.  (Amended  Oct.  1,  1914,  in  effect 
Nov.  16,  1914.) 

Regulation  5.  Conditions  of  issuance  of  permit.  On 
and  after  the  first  day  of  January,  1915,  no  permit 
to  sell  at  retail  milk  or  cream  in  any  municipality 
shall  be  issued  unless  the  premises,  where  it  is  pro- 
posed to  handle  such  milk  or  cream,  shall,  in  the 
opinion  of  the  local  health  officer  or  his  representative 
after  inspection,  have  been  rendered  clean  and  sanitary; 
and  unless  each  farm  or  dairy,  where  such  milk  or 
cream  is  produced,  shall  have  been  rated  after  inspec- 
tion by  a  health  officer  or  his  representative,  or,  in 
case  of  protest,  by  a  sanitary  supervisor  of  the  state 
department  of  health,  at  least  forty  per  cent,  on  the 
score  card  prescribed  by  the  state  commissioner  of 
health.  (Amended  Oct.  1,  1914,  in  effect  Nov.  16,  1914.) 
conditions  Regulation  6.  Conditions  of  renewal  of  permit.  No 
of  permit     permit  to  sell  at  retail  milk  or  cream  in  any  munici- 


Conditions 
of    issu- 
ance   of 
permit 


The  Sanitary  Code  335 

pality  shall  be  renewed  unless  inspection  has  been 
made  within  the  preceding  six  months  by  the  local 
health  officer  or  his  representative  of  the  premises  where 
such  milk  or  cream  is  handled  and  unless  each  farm  or 
dairy  where  such  milk  or  cream  is  produced  has  been 
rated  by  a  health  officer  or  his  representative,  or,  in 
case  of  protest,  by  a  sanitary  supervisor  of  the  state 
department  of  health,  within  the  preceding  sis  months 
after  inspection  at  least  forty  per  cent,  on  the  score 
card  prescribed  by  the  state  commissioner  of  health. 
(Amended  Oct.  1,  1914'  in  effect  Nov.  16,  1914.) 

Regulation  7.     Public  display  of  permit.     Permits  to  Display   of 
3ell  milk  or  cream  shall  be  publicly  displayed  in  such  perm 
manner    as    may    be    prescribed    by    the    local    health 
authorities.      (Amended  Oct.  1,  1914,  in  effect  Nov.  16, 
1914.) 

Regulation  8.  Milk  and  cream  to  be  kept  only  under  Milk  and 
sanitary  conditions.  No  milk  or  cream  shall  be  sold  lveea™ept° 
or   kept   for   sale   under    any    conditions   which   in   the  onl>' 

r  J  under 

opinion   of   the   local   health  officer   are   not  clean   and  sanitary 
sanitary.  conditions 

All  vessels  containing  such  milk  or  cream  for  sale 
shall  at  all  times  be  covered,  kept  cool,  and  so  placed 
that  the  contents  will  not  be  exposed  to  sun,  dust, 
dirt,  flies  or  other  insects. 

Regulation   9.     Conditions    of   bottling    of    milk   and  Condi- 
cream.     No  milk  or  cream  shall  be  served  or  sold  in  *}°?*.  of 

bottling 

bottles  or  offered  for  sale  in  bottles,  unless  the  bottling 
is  done  under  clean  and  sanitary  conditions  at  the 
place  of  production  or  collecting  or  distributing  sta- 
tion. 

Each  bottle  shall  be  capped  and  each  cap  shall  show 
the  name  of  the  producer  or  dealer  and  the  place  of 
bottling. 

Regulation   10.     Receptacles  to  be  kept  in  sanitary  Re?ep" 
condition;  when  to  be  condemned  and  seized.   Every  can  be  kept 
or  other  vessel,  which  is  used  to  contain  milk  or  cream  e  ean 


336 


The  Public  Health  Manual 


or  ice  cream  intended  for  sale,  shall  be  constantly 
kept  in  a  clean  and  sanitary  condition.  When  emptied 
and  before  being  returned  by  the  person  to  whom  it  was 
last  delivered  full  or  partly  full  every  such  can  or  other 
vessel  shall  be  effectively  cleansed.  The  local  health 
officer  or  his  representative  shall  condemn  any  such 
can  or  other  vessel  found  by  him  to  be  in  such  con- 
dition that  it  cannot  be  rendered*  by  washing  clean  and 
sanitary  as  a  receptacle  for  milk  or  cream,  or  ice  cream, 
and  shall  destroy  or  so  mark  the  condemned  vessel  as 
When  to  to  show  that  it  has  been  condemned.  When  so  con- 
demned demned  and  marked,  such  can  or  other  vessel  shall  not 
and  seized  De  used  again  to  contain  milk  or  cream,  or  ice  cream 
for  sale.  The  local  health  officer  or  his  representative 
may  seize  and  hold  as  evidence  any  can  or  other  vessel 
returned  or  otherwise  used  in  violation  of  this  regu- 
lation.     (Amended  May  14,   1918.) 

Regulation  n.  Utensils  to  be  cleansed.  All  dippers, 
measures  or  other  utensils  used  in  the  handling  of  milk 
or  cream,  or  ice  cream  intended  for  sale  shall  be  main- 
tained in  a  cleanly  conditon.     (Amended  May  14,  1918.) 

Regulation  12.  Pasteurization.  Except  where  a  dif- 
ferent standard  of  pasteurization  has  been  adopted  pre- 
vious to  the  first  day  of  September,  1914,  by  the  local 
health  authorities,  no  milk  or  cream  shall  be  sold  or 
offered  for  sale  as  pasteurized  unless  it  has  been  sub- 
jected to  a  temperature  of  142  to  145  degrees  fahren- 
heit  for  not  less  than  thirty  minutes;  and  no  milk  or 
cream  which  has  been  heated  by  any  method  shall  be 
sold  or  offered  for  sale  unless  the  heating  conforms  to 
the  provisions  of  this  regulation. 

After  pasteurization  the  milk  or  cream  shall  be  imme- 
diately cooled  and  placed  in  clean  containers  and  the 
containers  shall  be  immediately  sealed. 

No  milk  or  cream  shall  be  pasteurized  more  than 
once. 

This  regulation  shall  take  effect  throughout  the  state 


Utensils 
to    be 
cleansed 


Pasteuri 
sation 


The  Sanitary  Code  337 

of  Xew  York,  except  in  the  city  of  New  York,  on  the 
first  day  of  January,  1916.     (Amended  Oct,  5,  1915.) 

Regulation  13.     Designations  of  milk  and  cream  re-  Designa- 
stricted,        All  milk  sold  and  offered  for  sale  at  retail,  restricted 
except  milk  sold  or  offered  for  sale  as  sour  milk  under 
its  various  designations,  shall  bear  one  of  the  designa- 
tions provided  in  this  regulation,  which  constitute  the 
minimum  requirements   permitted  in  this  State. 

Xo  term  shall  be  used  to  designate  the  grade  or 
quality  of  milk  or  cream  which  is  sold  or  offered  for 
sale,  except: 

"  Certified  " 

"  Grade  A  raw  " 

"  Grade  A  pasteurized  " 

"  Grade  B  raw  " 

"  Grade  B  pasteurized  " 

"Grade  C  raw" 

"  Grade  C  pasteurized  " 

Certified,  f    No  milk  or  cream  shall  be  sold  or  offered  "  Certi- 
for  sale  as  "  Certified  "  unless  it  conforms  to  the  fol-  milk 
lowing  requirements:  defined 

The  dealer  selling  or  delivering  such  milk  or 
cream  must  hold  a  permit  from  the  local  health 
officer. 

All  cows  producing  such  milk  or  cream  must  have 
been  tested  at  least  once  during  the  previous  year 
with  tuberculin,  and  any  cow  reacting  thereto  must 
have  been  promptly  excluded  from  the  herd.  .  The 
reports  of  such  tuberculin  tests  must  be  filed  with 
the  local  health  officer  and  the  milk  commission  of 
the  County  Medical  Society  in  the  municipality 
and  county  respectively  in  which  such  milk  is 
delivered  to  the  consumer. 

Such  milk  must  not  at  any  time  previous  to 
delivery  to  the  consumer  contain  more  than  10,000- 


t  See  Agricultural  Law,  §  32,  p.  366 


338  The  Public  Health  Manual 

bacteria  per  cubic  centimeter  and  such  cream  not 
more  than  50,000  bacteria  per  cubic  centimeter. 

Such  milk  and  cream  must  be  produced  on  farms 
which  are  duly  scored  on  the  scoreeard*  prescribed 
by  the  state  commissioner  of  health,  not  less  than 
thirty-five  per  cent  for  equipment  and  not  less 
less  than  fifty-five  per  cent  for  methods. 

Such  milk  and  cream  must  be  delivered  within 
thirty-six  hours  of  the  time  of  milking. 

Such  milk  and  cream  must  be  delivered  to  con- 
sumers only  in  containers  filled  at  tthe  dairy  or 
central  bottling  plant. 

The  caps  must  contain  the  word  "  Certified  "  and 
bear  the  certification  of  a  milk  commission  ap- 
pointed by  the  County  Medical  Society  organized 
under  and  chartered  by  the  Medical  Society  of  the 
State  of  New  York,  and  must  also  contain  the 
name  and  address  of  the  dairy  as  well  as  the  date 
of  milking. 

Every  employee  before  entering  upon  the  per- 
formance of  his  duties  shall  be  examined  by  a  duly 
licensed  physician  and  the  reports  of  such  exami- 
nation shall  be  sent  to  the  milk  commision  cer- 
tifying the  milk  from  such  dairy. 

The  milkers   and  all  persons  handling  the  milk 

must  be  provided  with  suits  and  caps  of  washable 

material    which    shall    be    worn    while    milking    or 

handling  the  milk  and  shall  not  be  worn  at  other 

times.     When  not  in  use  these  garments  must  be 

kept  in  a  clean  place  free  from  dust.     Not  less  than 

two  clean  suits  and  caps  must  be  furnished  weekly. 

The  hands   of   the  milkers   must   be   washed   with 

soap  and  hot  water,  and  well  dried  with  a  clean 

towel,  before  milking. 

Grade  a  Grade  A  raw.     No  milk  or  cream  shall  be  sold  or 

raw  milk     offered  for  sale  as  "  Grade  A  raw "  unless  it  conforms 

to  the  following  requirements: 


The  Sanitary  Code  339 

The  dealer  selling  or  delivering  such  milk  or 
cream  must  hold  a  permit  from  the  local  health 
officer. 

All  cows  producing  such  milk  or  cream  must 
have  been  tested  at  least  once  during  the  previous 
year  with  tuberculin,  and  any  cow  reacting  thereto 
must  have  been  promptly  excluded  from  the  herd. 

Such  milk  must  not  at  any  time  previous  to 
delivery  to  the  consumer  contain  more  than  60,000 
bacteria  per  cubic  centimeter,  and  such  cream  not 
more  than  300,000  bacteria  per  cubic  centimeter. 

Such  milk  and  cream  must  be  produced  on 
farms  which  are  duly  scored  on  the  score  card 
prescribed  by  the  state  commissioner  of  health  not 
less  than  twenty-five  per  cent  for  equipment,  and 
not  less  than  fifty  per  cent  for  methods. 

Such  milk  and  cream  must  be  delivered  within 
thirty-six  hours  from  the  time  of  milking,  unless 
a  shorter  time  shall  be  prescribed  by  the  local 
health  authorities. 

Such  milk  and  cream  must  be  delivered  to  con- 
sumers only  in  containers  sealed  at  the  dairy  or  a 
bottling  plant.  The  caps  or  tags  must  be  white  and 
contain  the  term  "  Grade  A  raw "  in  large  black 
type,  and  the  name  and  address  of  the  dealer. 

Grade  A  pasteurized.    No  milk  or  cream  shall  be  sold  pjjjjj,,^ 
or  offered  for  sale  as  "  Grade  A  pasteurized  "  unless  it  ized  milk 
conforms  to  the  following  requirements: 

The  dealer  selling  or  delivering  such  milk  oi 
cream  must  hold  a  permit  from  the  local  health 
officer. 

All  cows  producing  such  milk  or  cream  must  be 
healthy  as  disclosed  by  an  annual  physical  exami- 
nation. 

Such  milk  or  cream  before  pasteurization  must 
not  contain  more  than  200,000  bacteria  per  cubic 
centimeter. 


340  The  Public  Health  Manual 

Such  milk  must  not  at  any  time  after  pasteuriza- 
tion and  previous  to  delivery  to  the  consumer  con- 
tain more  than  30,000  bacteria  per  cubic  centi- 
meter, and  such  cream  not  more  than  150,000  bac- 
teria per  cubic  centimeter. 

Such  milk  and  cream  must  be  produced  on  farms 
which  are  duly  scored  on  the  score  card  prescribed 
by  the  state  commissioner  of  health  not  less  than 
twenty-five  per  cent,  for  equipment  and  not  less 
than  forty-three  per  cent,  for  methods. 

Such  milk  and  cream  must  be  delivered  within 
thirty-six  hours  after  pasteurization,  unless  a 
shorter  time  shall  be  prescribed  by  the  local  health 
authorities. 

Such  milk  and  cream  must  be  delivered  to  con- 
sumers only  in  containers  sealed  at  the  dairy  or  at  a 
bottling  plant.  The  caps  or  tags  must  be  white  and 
contain  the  term  '■  Grade  A  pasteurized  "  in  large 
black  type. 
Grade  b  Grade  B  raw.     No  milk  or   cream  shall  be  sold  or 

raw  milk     offered  for  sale  as  "  Grade  B  raw  "  unless  it  conforms  to 

defined 

the  following  requirements: 

The  dealer  selling  or  delivering  such  milk  or 
cream  must  hold  a  permit  from  the  local  health 
officer. 

All  cows  producing  such  milk  or  cream  must  be 
healthy  as  disclosed  by  an  annual  physical  exami- 
nation. 

Such  milk  must  not  at  any  time  previous  to 
delivery  to  the  consumer  contain  more  than  200,000 
bacteria  per  cubic  centimeter,  and  such  cream  not 
more  than   750,000  bacteria   per  cubic  centimeter. 

Such  milk  and  cream  must  be  produced  on  farms 
which  are  duly  scored  on  the  score  card  prescribed 
by  the  state  commissioner  of  health  not  less  than 
twenty-three  per  cent,  for  equipment  and  not  less 
than  thirty- seven  per  cent,  for  methods. 


The  Sanitary  Code  341 

Such  milk  and  cream  must  be  delivered  within 
thirty-six  hours  from  the  time  of  milking,  unless 
a  shorter  time  shall  be  prescribed  by  the  local 
health  authorities. 

The  caps  or  tags  on  the  containers  must  be  whita 
and  contain  the  term  "  Grade  B  raw "  in  large, 
bright  green  type,  and  the  name  of  the  dealer. 

Grade  B  pasteurized.    No  milk  or  cream  shall  be  sold  Grade  s 
or  offered  for  sale  as  "  Grade  B  pasteurized  "  unless  it  ^^^lk 
conforms  to  the  following  requirements:  defined 

The  dealer  selling  or  delivering  such  milk  or 
cream  must  hold  a  permit  from  the  local  health 
officer. 

All  cows  producing  such  milk  or  cream  must  be 
healthy  as  disclosed  by  an  annual  physical  exam- 
ination. 

Such  milk  or  cream  before  pasteurization  must 
not  contain  more  than  1,500,000  bacteria  per  cubic 
centimeter. 

Such  milk  must  not  at  any  time  after  pasteuriza- 
tion and  previous  to  delivery  to  the  consumer  con- 
tain more  than  100,000  bacteria  per  cubic  centi- 
meter, and  such  cream  not  more  than  500,000 
bacteria  per  cubic  centimeter. 

Such  milk  and  cream  must  be  produced  on  farms 
which  are  duly  scored  on  the  score  card  prescribed 
by  the  state  commissioner  of  health  not  less  than 
twenty  per  cent,  for  equipment  and  not  less  than 
thirty-five  per  cent,  for  methods. 

Such  milk  must  be  delivered  within  thirty-six 
hours  after  pasteurization  between  April  first  and 
November  first  and  within  forty-eight  hours  after 
pasteurization  between  November  first  and  April 
first,  and  such  cream  within  forty-eight  hours 
after  pasteurization,  unless  a  shorter  time  is  pre- 
scribed by  the  local  health   authorities. 

The  caps  or  tags  on  the  containers  must  be  white 


342 


The  Public  Health  Manual 


Grade    C 
raw   milk 
defined 


Grade    C 
pasteur- 
ized milk 
defined. 


and  contain  the  term  "  Grade  B  pasteurized "   in 

large,  bright  green  type,  and  the  name  of  the  dealer. 

The  provisions   of  this  subdivision   shall   take  effect 

throughout  the  state  of  New  York,  except  in  the  city 

of  New  York,  on  January  15,  1919.     (Amended  Mar.  4, 

1915,  Oct.  5,  1915,  and  January  10,  1919.) 

Grade  C  raw.  No  milk  or  cream  shall  be  sold  or 
offered  for  sale  as  "  Grade  C  raw "  unless  it  conforms 
to  the  following  requirements: 

The  dealer  selling  or  delivering  such  milk  or 
cream  must  hold  a  permit  from  the  local  health 
officer. 

Such  milk  and  cream  must  be  produced  on  farms 
which  are  duly  scored  on  the  score  card  prescribed 
by  the  state  commissioner  of  health  not  less  than 
forty  per  cent. 

Such  milk  and  cream  must  be  delivered  within 
forty-eight  hours  from  the  time  of  milking,  unless 
a  shorter  time  shall  be  prescribed  by  the  local 
health  authorities. 

The  caps  or  tags  affixed  to  the  containers  must 

be  white  and  contain  the  term  "  Grade  C  raw  "  in 

large  red  type. 

Grade  C  pasteurized.    No  milk  or  cream  shall  be  sold 

or  offered  for  sale  as  "  Grade  C  pasteurized  "  unless  it 

conforms  to  the  following  requirements: 

The  dealer  selling  or  delivering  such  milk  or 
cream  must  hold  a  permit  from  the  local  health 
officer. 

Such  milk  and  cream  must  be  produced  on  farms 
which  are  duly  Scored  on  the  score  card  prescribed 
by  the  state  commissioner  of  health  not  less  than 
forty  per  cent. 

Such  milk  and  cream  must  be  delivered  within 
forty-eight  hours  after  pasteurization,  unless  a 
shorter  time  shall  be  prescribed  by  the  local  health 
authorities. 


The  Sanitary  Code  343 

The  caps  or  tags  affixed  to  the  containers  must 
be  white  and  contain  the  term  "  Grade  C  pasteur- 
ized "  in  large  red  type. 

The  bacterial  count  herein  required  shall  be  made  only 
at  county  or  municipal  laboratories  or  such  other 
laboratories  as  may  be  approved  by  the  state  commis- 
sioner of  health. 

In  those  municipalities  where  a  bacterial  count  of 
the  milk  is,  in  the  opinion  of  the  local  health  author- 
ities, impracticable,  they  may  in  their  discretion  grade 
milk  and  cream  according  to  the  score  of  the  dairies 
producing  it,  as  prescribed  in  this  regulation,  but  no 
such  milk  shall  be  designated  "  certified,"  "  Grade  A 
raw,"  or  "  Grade  A  pasteurized." 

This  regulation  shall  not  be  construed  to  rescind  or 
modify  any  existing  local  regulation  or  ordinance  con- 
trolling the  grading  of  milk  or  cream  established  prior 
to  the  first  day  of  September,   1914. 

This  regulation  as  amended  shall  take  effect  January 
15,  1919.  (Amended  Mar.  4,  1915,  Oct.  5,  1915,  Jan.  9, 
1917,  Mar.  1,  1918,  and  Jan.  10,  1919.) 

Regulation   14.     Supplementary  regulations  by  local  Local 
authorities.    The  health  authorities  of  any  municipality  ties  may 
may  in  their  discretion  increase  the  stringency  of  these  increase 

J  °         **  stringency 

regulations  or  add  to  them  in  any  way  not  inconsistent  of  regu- 
with  the  provisions  thereof,  and  may  prohibit  the  sale,    a  10ns 
or  the  keeping  for  sale,  within  the  municipality  of  any 
of  the  grades  of  milk  herein  defined. 

This  regulation  as  amended  shall  take  effect  July  14, 
1917.     (Amended  July  10,  1917.) 

Regulation  14-a.  Milk  or  cream  in  cold  storage  ware-  Milk  or 

houses.     Nothing  contained  in  this  chapter  in  reference  coid  st0i- 

to   the   time   of   delivery   of   milk   and   cream   shall  be  age    ware* 

houses 
deemed  to  prohibit  the  keeping  of  such  milk  and  cream 

in  cold  storage  in  a  duly  licensed  cold  storage  ware- 
house for  a  period  of  not  more  than  ten  calendar 
months;    provided,   such  milk   and   cream  is  placed  in 


!44 


The  Public  Health  Manual 


License 
and     regis- 
tration    re- 
quired 


Only 
licensed 
midwives 
to    be 
registered 

Registra- 
tion   re- 
quired 
after 
issuance 
of    license 
and    change 
of    address 


Applica- 
tion re- 
quired 


such  cold  storage  warehouse  within  forty-eight  hours 
after  milking  or  pasteurization,  as  the  case  may  be. 

This  regulation  shall  take  effect  March  15,  1918. 
(Added  Mar.   1,   1918.) 

Regulation  15.  When  to  take  effect.  Every  regula- 
tion in  this  chapter  unless  otherwise  specifically  stated 
shall  take  effect  throughout  the  state  of  New  York 
except  the  city  of  New  York  on  the  sixteenth  day  of 
November,  1914. 

CHAPTER  IV 

Midwives 

(Adopted  June  16,  1914) 

Regulation  1.  License  and  registration  required  for 
the  practice  of  midwifery.  On  and  after  the  first  day 
of  January,  1915,  no  person,  other  than  a  duly  licensed 
and  registered  physician,  shall  practice  midwifery  or 
use  the  name  or  title  of  midwife  unless  such  person 
shall  be  duly  registered  as  a  midwife  with  the  local 
registrar  of  vital  statistics,  pursuant  to  the  provisions 
of  section  385  of  the  public  health  law,  as  amended  by 
chapter  619  of  the  laws  of  1913,  and  unless  such  person 
shall  have  received  a  license  to  practice  midwifery  from 
the  state  commissioner  of  health. 

Regulation  2.  Only  licensed  midwives  to  be  registered. 
On  and  after  the  first  day  of  January,  1915,  no  person 
not  duly  licensed  as  a  midwife  shall  be  registered  as  a 
midwife  by  the  local  registrar  of  vital  statistics. 

Regulation  3.  Registration  required  after  issuance 
of  license  and  change  of  address.  On  and  after  the  first 
day  of  January,  1915,  every  licensed  midwife  shall 
register  her  name  and  address  with  the  local  registrar 
of  vital  statistics  within  ten  days  after  the  issuance  of 
such  license  and  after  any  change  in  her  address. 

Regulation  4.  Application  for  license  required.  On 
and  after  the  first  day  of  January,  1915,  no  license  to 
practice  midwifery  shall  be  issued  unless  written  appli- 


The  Sanitary  Code  345 

cation,  sworn  to  by  the  applicant,  has  been  made  there- 
for in  the  form  prescribed  by  the  state  commissioner  of 
health. 

Regulation  5.    Qualifications  required  of  applicant  for  Quaimca- 
license  on  and  after  the  first  day  of  January,   1915.  Squired 
On  and  after  the  first  day  of  January,  1915,  every  appli- 
cant for  a  license  to  practice  midwifery  must  possess 
the  following  qualifications: 

(a)  Be  not  less  than  twenty-one  years  of  age; 

(b)  Be  able  to  read  and  write,  provided  that 
in  cases  of  persons  of  foreign  birth  who  have  ex- 
tended experience  or  in  other  exceptional  circum- 
stances this  requirement  may  be  waived  by  the 
public  health   council; 

(c)  Be  clean  and  constantly  show  evidence,  in 
general  appearance,  of  habits  of  cleanliness; 

(d)  Either  — 

( 1 )  possess  a  diploma  from  a  recognized 
school  for  midwives;  or 

(2)  have  attended,  under  the  instruction 
of  a  duly  licensed  and  registered  physician, 
not  less  than  fifteen  cases  of  labor  and  have 
had  the  care  of  at  least  fifteen  mothers  and 
newborn  infants  during  lying-in  periods  of 
at  least  ten  days  each,  and  shall  present 
a  written  statement  from  said  physician  or 
physicians  that  she  has  received  such  instruc- 
tion in  said  fifteen  cases  with  the  name,  date 
and  address  of  each  case,  and  that  she  is 
reasonably    skillful    and    competent;    or 

(3)  present  other  evidence  satisfactory  to 
the  state  commissioner  of  health  of  her  qual- 
ifications, and 

(e)  Present  evidence  satisfactory  to  the  state 
commissioner  of  health  of  good  moral  character, 
vouched  for  by  at  least  two  reputable  citizens. 

This  regulation  as  amended  shall  take  effect  January 


346 


The  Public  Health  Manual 


Qualifica- 
tion?    re- 
quired 
for   license 
before 
January     1, 
1915 


Register 
of     licensed 
midwives 


Presump- 
tive evi- 
dence of 
right  to 
practice 


License 

good    only 

during 

current 

calendar 

year 


Revoca- 
tion of 

license 


Midwives 
forbidden 
to    use 
instru- 
ments, 
administer 


2,  1918,     (Amended  Dec.  18,  1914;  Feb.  2,  1915;  Oct.  5, 
1915;  Oct.  SO,  1917,  and  Dec.  27,  1917.) 

Regulation  6.  Qualifications  required  of  applicant  for 
license  before  the  first  day  of  January,  191 5.  Until 
the  first  day  of  January,  1915,  any  woman  not  less 
than  twenty-one  years  of  age,  who  can  read  and  write, 
who  is  registered  as  a  midwife  with  the  local  registrar 
of  vital  statistics,  and  whose  moral  character  is  vouched 
for  to  the  satisfaction  of  the  state  commissioner  of 
health  by  two  reputable  citizens,  one  of  whom  is  a 
minister  of  a  recognized  religion,  may  be  licensed  by 
said  commissioner  to  practice  midwifery. 

Regulation  7.  Register  of  licensed  midwives;  same 
to  be  presumptive  evidence  of  right  to  practice.  The 
state  commissioner  of  health  shall  cause  to  be  entered 
immediately  upon  a  register  kept  for  that  purpose,  the 
name  of  every  midwife  licensed  by  him.  The  presence 
or  absence  of  a  woman's  name  upon  said  register  shall 
be  taken  as  presumptive  evidence  for  or  against  her 
right  to  practice  midwifery. 

Regulation  8.  Length  of  term  of  license.  Unless  re- 
voked, every  license  to  practice  midwifery  issued  by  the 
commissioner  of  health  on  or  after  the  first  day  of 
January,  1918,  shall  permit  the  holder  thereof  to  prac- 
tice midwifery  only  during  the  current  calendar  year  in 
which  such  license  is  issued. 

This  regulation  as  amended  shall  take  effect  Decem- 
ber 1,  1917.      (Amended  Nov.  20,  1917.) 

Regulation  9.  Revocation  of  license.  The  state  com- 
missioner of  health  may  revoke  a  license  to  practice 
midwifery,  for  cause,  after  having  given  the  midwife  an 
opportunity  to  be  heard. 

Regulation  10.  Midwives  forbidden  to  use  instru- 
ments, administer  or  prescribe  medicine,  or  to  treat 
disease.  A  duly  licensed  and  registered  midwife  may 
practice  midwifery  in  cases  of  normal  labor  and  in  no 


The  Sanitary  Code  347 

others.     No   midwife    shall   in   any    case   of   labor   use  or  pre- 
instruments  of  any  kind  nor  assist  labor  by  any  arti-  scribe. 

J  •;.  medicine, 

ficial,  forcible  or  mechanical  means  nor  perform  version  or  to 
nor  attempt  to  remove  adherent  placentae  nor  adminis-  eaSe 
ter,  prescribe,  advise  or  employ  any  poisonous  or  dan- 
gerous drug,  herb  or  medicine  nor  attempt  the  treatment 
of  disease  except  where  the  attendance  of  a  physician 
cannot  be  speedily  secured,  and,  in  such  cases,  the 
midwife  shall  secure  the  attendance  of  a  physician  as 
soon  as  possible. 

Regulation  n.    Supplementary  rules  and  regulations,  suppie- 
The  practice  of  midwifery  shall  be  subject  to  such  rules  rules  and 
and  regulations,  not  inconsistent  herewith,  as  may  be  [f0^.la~ 
established  by  the  state  department  of  health. 

Regulation  12.     Date  of  taking  effect  and  territory  New  York 

,  .  .      city    and 

where   effective   designated.     Every   regulation   in  this  Rochester 
chapter,  unless  otherwise  specifically  stated,  shall  take 
effect  throughout  the  state  of  New  York,  except  in  the 
cities  of  New  York  and  Rochester,  on  the  sixteenth  day 
of  November,  1914. 

CHAPTER  V 
Labor  Camps 
(Adopted  October  20,   1914) 
Regulation   1.     Pollution  of  waters  prohibited.     All  Pollution 
persons  living  in  the  open  or  in  camps,  tents,  or  other  prohibited 
temporary    shelters    shall    exercise    every    proper    and 
reasonable  precaution  to  dispose  of  their  wastes  so  that 
springs,    lakes,    reservoirs,    streams    and    other    water- 
courses shall  not  be  polluted. 

Regulation  2.     Notice  of  labor  or  construction  camp  Notice  to 
to   be   occupied  by  five   or  more   persons   to   be   given  officer1,  of 
health  officer.    Every  railroad  or  other  corporation,  con-  ^"occu*- 
tractor,  lumberman  or  other  person  who  shall  establish,  Pied  bJ' 

'  r  five    or 

construct  or  maintain  any  labor  or  construction  camp  more 
to  be  occupied  by  five  or  more  persons,  and  the  person  per 


Inspec- 
tion by 
health 


348  The  Public  Health  Manual 

in  charge  of  any  temporary  living  quarters  on  wheels 
or  otherwise  that  shall  be  provided  for  five  or  more 
workmen,  shall  at  once  notify  the  health  officer  of  the 
town  or  village  in  which  the  camp  or  quarters  are  to 
be  located,  by  telephone,  telegraph  or  letter,  of  the  pres- 
ence and  location  of  such  quarters  or  camp. 

Regulation  3.     Health  officer  to  inspect  and  pass  on 
location  and  sanitary  conditions  of  camps.    It  shall  be 

officer  the   duty   of   each   health   officer   when   notified   of   the 

establishment  of  any  camp  with  temporary  buildings, 
on  wheels  or  otherwise,  in  his  jurisdiction  promptly  to 
inspect  and  determine  the  propriety  of  the  location  of 
the  camp  and  of  its  sanitary  conditions.  If  the  location 
or  manner  of  operation  of  the  camp  be  found  by  him 
to  be  detrimental  to  the  public  health  he  shall  cause  the 
camp  to  be  removed  or  the  manner  of  its  operation  to 
be  corrected. 

Permit  Regulation  4.    Permit  required  for  labor  or  construc- 

tion camp  to  be  occupied  by  more  than  ten  persons  for 
more  than  six  days.  No  railroad  or  other  corporation, 
contractor,  lumberman  or  other  person  shall  establish, 
construct  or  maintain  any  labor  or  construction  camp  to 
be  occupied  by  ten  or  more  persons  for  a  period  of 
more  than  six  days  without  a  permit  from  the  local 
health  officer. 

Permit  Whenever  any  such  camp  shall  be  vacated,  the  person 

surren-  t  -    •  • 

riered  when  in  charge  thereof  shall  forthwith  notify  the  local  health 
vr^ted         officer  and  surrender  to  him  the  permit  therefor. 

Regulation  5.  Application  required  for  permit.  Ap- 
plication for  such  permit  shall  be  made  in  writing  to 
the  local  health  officer. 

The  application  shall  state  the  exact  situation  of  the 
proposed  camp,  the  type  of  camp  to  be  established,  the 
approximate  number  of  persons  to  be  maintained,  the 
probable  duration  of  stay,  the  proposed  source  of  water 
supply  for  the  camp,  and  the  proposed  method  of  sew- 
age and  garbage  disposal. 


Applica- 
tion for 
permit 


The  Sanitary  Code  349 

Regulation    6.      Conditions    of    issuance    of    permit;  condi- 
may  be  revoked.     If  the  local  health  officer  is  satisfied  issuance 
after  inspection  that  the  proposed  camp  will  not  be  a  of  Permit 
source  of  danger  to  the  health  of  others  or  to  its  in- 
mates, he  shall  issue  the  necessary  permit  in  writing  in 
a  form  to  be  prescribed  by  the  State  Commissioner  of 
Health. 

In  case  the  local  health  officer  declines  to  issue  the 
permit  an  appeal  may  be  taken  to  the  State  Commis- 
sioner of  Health,  who  may  grant  a  permit. 

Any  such  permit  may  be  revoked  for  cause  by  the  local  Revoca- 
health  officer  or  by  the  State  Commissioner  of  Health,  bearing83" 
after  a  hearing. 

Regulation  7.     Health  officer  to   be  notified  of  the  Persons 
name  of  the  person  responsible  for  sanitary  condition  of  f0r  sani- 
camp.     It  shall  be  the  duty  of  the  owner,  manager  or  JSiml*^ 
foreman   of  a  labor   or  construction  camp   occupied  by  of  camp 
twenty  or  more  persons  to  detail  one  person  who  shall 
be  responsible  for  the  sanitary  condition  of  the  camp 
and  to  notify  the  local  health   officer  of  the  name  of 
such  person. 

Regulation  8.     Copy  of  this  chapter  to  be  posted,  posting 
There  shall  be  furnished  by  the  health  officer  and  con-  °ation|u" 
spicuously  posted  in  every  camp  a  copy  of  this  present 
chapter  of  the  sanitary  code  or  of  such  parts  thereof  as 
may  be  considered  necessary  by  the  State  Commissioner 
of  Health. 

Regulation  9.    No  building,  tent  or  car  in  any  camp  Distance 
to  be  nearer  than  fifty  feet  of  water's  edge  of  public  Hecate*-" 
water  supply.     In   every   camp   or  temporary  quarters  supply 
the  nearest  part  of  any  building,  tent,  car  or  shed  shall 
be  at  least  fifty  feet  in  a  horizontal  direction  from  the 
water's  edge   of  any   stream,   lake  or  reservoir,   except 
in  the  case  of  the  Hudson  river  below  the  city  of  Albany, 
the  waters  of  which  are  used  for  a  public  water  supply. 

Regulation  10.    Suitable  privy  or  other  toilet  facilities  Toilet 

fs-cilifci^s 

to  be  provided  and  used.     For  every  camp  there  shall 


350 


The  Public  Health  Manual 


Privies 
more  than 
two   hun- 
dred   feet 
from 
water's 
edge 


Privies 
between 
fifty    and 
two    hun- 
dred  feet 
of     waters 
edge 


Disposal 
of    wastes 
from 
privies 


be  provided  convenient  and  suitable  privy  or  other  toilet 
facilities  approved  by  the  local  health  officer,  which  the 
occupants  of  the  camp  shall  be  required  to  use  instead 
of  polluting  the  ground. 

Regulation  n.  Construction  of  privies  more  than  two 
hundred  feet  from  the  water's  edge.  If  such  privy  be 
more  than  two  hundred  feet  from  the  water's  edge  of 
any  spring,  stream,  lake  or  reservoir  forming  a  part  of 
a  public  or  private  water  supply,  it  shall  consist  of  a 
pit  at  least  two  feet  deep,  with  suitable  shelter  over  the 
same.  No  such  pit  shall  be  filled  with  excreta  to  nearer 
than  one  foot  from  the  surface  of  the  ground  and  the 
excreta  in  the  pit  shall  always  be  covered  with  earth  or 
ashes.  If  the  camp  is  to  be  occupied  for  more  than  six 
days  between  May  1  and  November  1*  the  shelter  and  pit 
shall  be  enclosed  in  fly  netting. 

Regulation  12.  Construction  and  care  of  privies  lo- 
cated between  50  and  200  feet  from  the  water's  edge. 
If  such  privy  be  between  50  and  200'  feet  from  the 
waters  of  a  spring,  stream,  lake  or  reservoir  forming 
part  of  a  public  or  private  water  supply,  there  shall 
be  no  pit,  but  the  excreta  shall  be  received  in  a  water- 
tight tub  or  bucket  and  periodically,  as  often  as  may  be 
found  necessary,  shall  be  taken  away  and  disposed  of. 
Such  privy  shall  be  properly  screened  against  flies  and 
kept  in  a  clean  and  sanitary  condition;  the  pails  or 
buckets  shall  not  be  allowed  to  fill  so  that  they  overflow 
or  spill  in  carrying,  and  the  construction  of  the  privy 
shall  be  such  that  the  convenient  removal  and  replace- 
ment of  the  tubs  or  buckets  is    facilitated. 

Regulation  13.  Disposal  of  wastes  from  privies.  The 
pails  or  buckets  used  in  privies  located  between  50  and 
200  feet  from  the  water's  edge,  as  referred  to  in  regula- 
tion 12,  shall  when  not  more  than  three-quarters  filled 
be  removed  from  the  privy  and  carried  at  least  200  feet 
from   the   water's   edge   and  the   contents   there   either 


The  Sanitary  Code  351 

burned  or  buried  in  a  trench  at  least  two  feet  deep  so 
that  when  buried  there  shall  be  at  least  one  foot  of 
earth  cover.  The  tubs  or  buckets  immediately  after 
being  emptied  shall  be  rinsed  out  with  a  suitable  disin- 
fectant as  particularly  prescribed  for  such  purposes  by 
the  special  rules  and  regulations  of  the  State  Depart- 
ment of  Health  and  the  rinsing  fluid  shall  also  be 
emptied  into  the  trench. 

Regulation  14.  Garbage  to  be  disposed  of  in  suitable  Garbage 
manner.  All  garbage,  kitchen  wastes  and  other  rubbish  dlsP°sal 
in  camps  shall  be  deposited  in  suitable  covered  recep- 
tacles which  shall  be  emptied  daily  or  oftener  if  neces- 
sary, and  the  contents  burned,  buried  or  otherwise  dis- 
posed of  in  such  a  way  as  not  to  be  or  become  offensive 
or  insanitary. 

Regulation  15.     Water  rules  to  be  observed.     When-  water 
ever  a  camp   is  established  on  the  banks  of  a  spring,  ™lele 
lake,  reservoir,  stream  or  other  watercourse  which  is  a  observed 
source  of  water  supply  protected  by  water  rules  formu- 
lated by  the  State  Commissioner  of  Health,  no  bathing 
or    washing  by   the   occupants    of   said   camp    shall   be 
allowed   in   said   springs,    lakes,   reservoirs,   streams   or 
other  watercourses,   and  all  said  water  rules   shall  be 
strictly  observed.     There  shall  be  furnished  by  the  local  copy  of 
health  officer  and'  conspicuously  posted  in  such  camp  a  ^fbe 
copy  of  said  rules  or  parts  thereof  as  may  be  considered  furnished 
necessary  by  the  State  Commissioner  of  Health. 

Regulation  16.  Location  and  drainage  of  stables  regu-  stables 
lated.  -No  stable  or  other  shelter  for  animals  shall  be 
maintained  within  one  hundred  feet  of  any  living  quar- 
ters in  a  camp,  nor  within  one  hundred  and  fifty  feet 
of  any  kitchen  or  messroom  therein.  No  drainage  from 
such  stable  or  shelter  shall  be  permitted  to  empty  di- 
rectly into  any  spring,  lake,  reservoir,  stream  or  other 
watercourse  forming  part  of  a  public  or  private  water 
supply. 


352 


The  Public  Health  Manual 


Camps  to 
be   kept 
and   left 
clean 


Cases    of 
disease 
presumably 
communi- 
cable  to  be 
reported 


Isolation 
of    cases 
of    com- 
municable 
disease 


Cases    not 
to     be 
removed 
without 
permis- 
sion 

Regula- 
tions to   be 
enforced 


Supple- 
mentary 
regulations. 


Regulation  17.  Camps  to  be  kept  and  left  in  clean 
and  sanitary  condition.  All  tents,  cars,  and  buildings 
in,  and  the  grounds  surrounding  camps  shall  at  all 
times  be  kept  and  when  definitely  vacated  be  left  in  a 
clean  and  sanitary  condition. 

Regulation  18.  Person  in  charge  of  camp  to  report 
cases  of  disease  presumably  communicable.  It  shall 
be  the  duty  of  the  person  in  charge  of  any  labor  or 
other  camp  to  enforce  regulation  6  of  Chapter  II  of 
the  sanitary  code,  reading  as  follows: 

"  It   shall   be  the  duty   of   every  visiting  nurse 
and  public  health  nurse  and  of  the  person  in  charge 
of  any  labor  or  other  camp,  having  knowledge  of 
any   person   affected  with   any   disease   presumably 
communicable,    who    by   reason    of   the    danger   to 
others  seems  to  require  the  attention  of  the  public 
health  authorities  to  report  at  once  to  the  local 
health  officer,  within  whose  jurisdiction  such  case 
occurs,  all  facts  relating  to  the  illness  and  physical 
condition  of  such  affected  person." 
Regulation   19.     Isolation  of  cases  of  communicable 
disease;  cases  not  to  be  removed  without  permission  of 
health  officer.     Whenever  a  case  of  disease  presumably 
communicable  shall  occur  in  any  labor  or  construction 
camp  it  shall  be  the  duty  of  the  person  in  charge  of 
the  camp  immediately  to  isolate  the  case.     Such  isola- 
tion shall  be  maintained  in  a  manner  approved  by  the 
local  health  officer.     The  person  in  charge  of  the  camp 
shall  not  allow  the  case  to  leave  or  be  removed  from 
such  camp  without  the  permission  of  the  local  health 
officer. 

Regulation  20.  Duty  to  enforce  regulations  on  person 
in  charge.  It  shall  be  the  duty  of  the  superintendent, 
foreman  or  other  person  in  charge  of  a  camp  to  see  that 
all  regulations  of  this  chapter  are  faithfully  observed. 
Regulation  21.  Supplementary  rules  and  regulations. 
Labor  and  construction  camps  shall  be  subject  to  such 


The  Sanitary  Code  353 

special  and  supplementary  rules  and  regulations,  not 
inconsistent  herewith,  as  may  from  time  to  time  be 
made  by  the  State  Commissioner  of  Health. 

Regulation  22.     Date  of  taking  effect  and  territory  cities 
where   effective   designated.     Every   regulation   in   this  e 
chapter  shall  take  effect  throughout  the  State  of  New 
York  except  in  cities  on  the  first  day  of  January,  1915. 

CHAPTER  VI 

Nuisances  Which  May  Affect  Life  and  Health 

(Adopted  December  18,  1914) 

Regulation  1.  Duty  of  health  officer  to  abate  nui- 
sance likely  to  affect  health;  procedure;  when  and 
where,  to  take  effect. 

§   1.  The  local  health  officer,  upon  receiving  a  com-  Health 

OffiCGF      to 

plaint  of  the  existence  within  his  jurisdiction  of  a  investigate 
nuisance  which  may  affect  health,  or  when  the  probable 
existence  of  any  such  nuisance  comes  to  his  attention, 
shall  make  an  immediate  and  thorough  investigation, 
and  if  such  nuisance  exists  he  shall  take  all  measures 
within  his  power  and  authority  to  secure  its  abate- 
ment. 

§  2.  The  health  officer  shall  within  five  days  of  the  Duties    of 
receipt   of   the   complaint   file  with  the  local  board  of  Cgr  on   re_ 
health:  ceipt  of 

complaint 

(a)  the  complaint,  if  made  in  writing,  or,   if  not 

made  in  writing,  a  summary  thereof;  or, 
if  no  complaint  has  been  made,  a  statement 
of  the  facts,  and 

(b)  a  report  showing 

(i)    his   findings; 

(ii)   his   opinion   as   to   whether   or   not   the 
conditions  amount  to  a  nuisance  like- 
ly to  affect  health; 
(iii)    the  action,  if  any,  taken  by  him;   ?nd 
(iv)   whether  such  nuisance  has  been  abated. 
12 


354 


The  Public  Health  Manual 


Board    to 
convene 


Duty    of 
health 
officer    if 
board 
fails    to 

£.Ct 


Notice  to 

convene 

board 


Board   to 
convene 


§  3.  If  said  report  of  the  health  officer  states  that 
there  is  a  nuisance  likely  to  affect  health  which  has 
not  been  abated,  the  local  board  of  health  shall  convene 
promptly,  investigate  the  alleged  nuisance,  and  take 
the  necessary  steps  provided  by  law  for  its  abatement 
or  within  a  reasonable  time  from  the  filing  of  the 
health  officer's  report  enter  on  its  minutes  its  decision 
giving  its  reason  for  not  taking  action. 

§  4.  Within  forty-eight  hours  after  the  entry  of  such 
decision,  the  health  officer  -shall  forward  a  copy  thereof 
to  the  state  commissioner  of  health,  together  with  the 
original  or  copies  of  the  papers  filed  by  him  with  the 
local  board,   as  required  in  subdivision  2  hereof. 

§  5.  If,  in  the  opinion  of  the  state  commissioner 
of  health,  the  conditions  complained  of  constitute 
a  nuisance  likely  to  affect  health  and  the  abatement 
or  removal  thereof  is  necessary  for  the  public  good 
and  for  the  protection  of  life  and  health,  the  said 
commissioner  may  by  notice  to  the  presiding  officer 
of  the  local  board  of  health  direct  him,  pursuant  to 
section  26  of  the  Public  Health  Law,  to  convene  such 
local  board  to  take  certain  definite  proceedings  con- 
cerning which  the  said  commissioner  is  satisfied  that 
the  action  recommended  by  him  is  necessary  for  the 
public  good  and  is  within  the  jurisdiction  of  such 
local  board  of  health. 

§  6.  Upon  the  receipt  of  such  notice  from  the  state 
commissioner  of  health,  the  presiding  officer  of  the  local 
board  of  health  shall  promptly  convene  such  local  board, 
which  shall  take  the  action  directed  by  the  said  com- 
missioner. 

§  7.  This  regulation  shall  take  effect  throughout  the 
state  of  New  York,  except  in  cities,  on  the  first  day  of 
March,  1915. 


The  Sanitary  Code  355 


CHAPTER  VII 

Miscellaneous 
(Adopted  December  18,  1914) 

Regulation    i.     Spitting   in  public   places  forbidden,  spitting    : 
Spitting  upon  the  floor  of  public  buildings  or  buildings  peaces 
used  for  public  assemblage,  or  upon  the  floors  or  plat-  forbidden 
forms  or  any  part  of  any  railroad  or  trolley   car  or 
ferry  boat,  or  any  other  public  conveyance,  is  forbidden. 

This  regulation  shall  take  effect  throughout  the  state 
of  New  York,  except  in  the  city  of  New  York,  on  the 
first  day  of  March,  1915. 

Regulation  i-a.    Unguarded  coughing  and  sneezing  in  unguarded 
public  places  forbidden.     In  order  to  prevent  the  con-  an^s'neez- 
veyance  of  infective  material  to  others,  all  persons  are  *ng    ^r^id_ 
required,  in  coughing  and  sneezing,   properly  to  cover 
the  nose  and  mouth  with  a  handkerchief  or  other  pro- 
tective substitute. 

It  shall  also  be  the  duty  of  every  person  to  observe 
all  such  regulations  as  may  be  issued  by  the  State 
Commissioner  of  Health  to  prevent  the  transfer  of  in- 
fective material  from  the  nose  and  mouth.  (Added 
October  14,  1918.) 

Regulation  2.     Common  towel  forbidden.  No  person,  common 
firm  or  corporation  owning,  in  charge  of,  or  in  control  towe! 

r  °'  &  '  forbidden 

of  any  lavatory  or  wash  room  in  any  hotel,  lodging 
house,  restaurant,  factory,  store,  office  building,  rail- 
way or  trolley  station,  or  public  conveyance  by  land  or 
water  shall  provide  in  or  about  such  lavatory  or  wash 
room  any  towel  for  common  use.  The  term  "  common 
use "  in  this  regulation  shall  be  construed  to  mean, 
for  use  by  more  than  one  person  without  cleansing. 

This  regulation  shall  take  effect  throughout  the  state 
of  New  York,  except  in  the  city  of  New  York,  on  the 
first  day  of  March,   1915.  common 

Regulation  3.     Common  drinking  cups  and   drinking  drinking 
and    eating    utensils    forbidden.      The   use    of    common  forbidden 


356 


The  Public  Health  Manual 


Barbers 
and     barber 
shops 


Methods 
and     pre- 
cautions 


drinking  cups,  and  of  common  drinking  or  eating  uten- 
sils in  any  public  place  or  public  institution,  except  in 
hospitals  for  the  insane,  or  in  any  hotel,  saloon,  lodging 
house,  theatre,  factory,  store,  school  or  public  hall;  or 
in  any  railway  or  trolley  car  or  ferry  boat;  or  in  any 
railway  or  trolley  station  or  ferry  house ;  or  the  furnish- 
ing of  any  such  common  drinking  cup  or  drinking  or 
eating  utensil  for  common  use  in  any  such  place  \s 
prohibited. 

The  term  common  use "  in  this  regulation  shall  be 
construed  to  mean,  for  use  by  more  than  one  person 
without  adequate  cleansing. 

This  regulation  shall  take  effect  throughout  the  state 
of  New  York,  except  in  the  city  of  New  York,  on  the 
first  day  of  May,   1915.      (Amended  Mar.  4,   1915.) 

Regulation  4.  Barbers  and  barber  shops.  Every  bar- 
ber or  other  person  in  charge  of  any  barber  shop  shall 
keep  such  barber  shop  at  all  times  in  a  clean  and  sani- 
tary condition. 

No  person  shall  act  as  a  barber  who  is  affected  with 
syphilis  in  the  infective  stage  or  with  any  other  com- 
municable disease  enmerated  in  this  code,  in  an  acute 
form,  or  with  any  communicable  affection  of  the  skin. 

The  hands  of  the  barber  shall  be  washed  with  soap 
and  water  before  serving  each  customer. 

Brushes  and  combs  shall  frequently  be  cleansed  with 
soap  and  water. 

Shaving  mugs  and  brushes  shall  be  thoroughly  rinsed 
after  each  use  thereof. 

There  shall  be  a  separate  clean  towel  for  each  custo- 
mer. The  head  rest  shall  be  covered  by  a  clean  towel 
or  paper. 

Alum  or  other  material  used  to  stop  the  flow  of  blood 
shall  be  applied  in  powdered  or  liquid  form  only. 

After  the  handling  of  a  customer  affected  with  any 
eruption,  or  whose  skin  is  broken  out,  or  is  inflamed  or 
contains  pus,  the  hands  of  the  barber  shall  be  immedi- 


The  Sanitary  Code  357 

ately  disinfected.  This  shall  be  done  by  thorough 
Trashing  with  soap  and  water,  followed  by  rinsing  in 
alcohol  (70  to  80  per  cent.)  or  in  a  solution  of  corrosive 
sublimate  (1  to  1,000),  or  by  the  use  of  some  equally 
efficient  disinfectant. 

The  instruments  used  for  a  customer  affected  with 
any  of  the  above  named  disorders  shall  be  made  safe 
immediately  after  such  use  by  washing  with  soap  and 
water  and  dipping  for  one  minute  in  a  ten  per  cent, 
solution  of  commercial  (40  per  cent.)  formalin;  or 
dipping  for  three  minutes  in  alcohol  (70  to  80  per 
cent. ) ,  or  by  use  of  some  equally  efficient  disinfectant. 

No  cup  or  brush  which  has  been  used  in  the  shaving 
of  a  customer  affected  with  any  of  the  above  infectious 
disorders  of  the  face  shall  be  used  for  another  customer 
unless  the  cup  shall  have  been  emptied  and  cleansed  by 
boiling  water  and  furnished  with  fresh  soap,  and  the 
brush  has  been  sterilized  by  a  three  minutes'  exposure 
to  alcohol  ( 70  to  80  per  cent. ) ,  or  to  a  corrosive  sub- 
limate solution  (1  to  1,000),  or  by  the  use  of  some 
equally  efficient  disinfectant. 

This  regulation  shall  take  effect  throughout  the  state 
of  New  York,  except  in  the  city  of  New  York,  on  the 
first  day  of  March,  1915.  (Amended  Feb.  2,  1915,  and 
Feb.  — ,  1919,  in  effect  March  1,  1919.) 

Regulation  5.    Manicures  and  chiropodists.    The  uten-  Manicures 
sils  and  instruments  employed  bv  manicures  and  chi-  and  chi- 

r     J  J  ropodists 

ropodists  in  pursuit  of  their  occupations  shall  be  kept 
in  a  clean  and  sanitary  condition. 

After  serving  customers  affected  with  a  visible  skin 
disease  the  hands  and  instruments  of  the  operators  shall 
be  immediately  cleansed  and  sterilized. 

This  regulation  shall  take  effect  throughout  the  state 
of  New  York,  except  in  the  city  of  New  York,  on  the 
first  day  of  March,  1915. 

Regulation  6.     Copies  of  regulations  4  and  5  to  be  Reguia- 
posted.     Every  barber  or  other  person  in  charge  of  any  be  posted 


358 


The  Public  Health  Manual 


Monthly 
reports     of 
health 
officers 


Inspection 
of    tuber- 
culosis 
registers, 
by     nurses, 
etc.,    ap- 
proved   by 
commis- 
sioner   of 
health 


Health 
officers 
to    keep 
record 


Records 
confidential 


barber  shop  or  place  where  manicuring  or  chiropody  is 
done  shall  post  a  copy  of  regulations  4  and  5  of  this 
chapter  in  a  conspicuous  place  therein. 

This  regulation  shall  take  effect  on  the  first  day  of 
March;  1915,  throughout  the  state  of  New  York,  except 
in  the  city  of  New  York  and  in  such  cities  in  which 
the  posting  of  local  regulations  in  such  shops  or  places 
is  required  on  January  1,  1915. 

Regulation  7.  Local  health  officers  to  file  monthly 
reports  with  state  commissioner  of  health.  Local  health 
officers  shall  submit'  monthly  reports  to  the  state  com- 
missioner of  health  on  forms  to  be  prescribed  by  him. 
The  first  report  shall  be  due  on  February  1,  1915. 

This  regulation  shall  take  effect  throughout  the  state 
of  New  York,  except  in  the  city  of  New  York,  on  the 
first  day  of  January,  1915. 

Regulation  8.  Local  health  officers  authorized  to  per- 
mit inspection  of  tuberculosis  registers  in  certain  cases,  t 
Local  health  officers  are  hereby  authorized  to  permit 
the  inspection  of  the  reports  of  cases  of  tuberculosis 
and  of  the  registers  mentioned  in  Section  322  of  the 
Public  Health  Law  by  any  duly  authorized  representa- 
tive of  an  organization  engaged  in  work  for  the  pre- 
vention of  tuberculosis,  who  has  been  approved  for  this 
purpose  by  the  state  commissioner  of  health. 

Local  health  officers  shall  keep  a  record  of  all  persons 
having  access  to  such  reports  or  registers,  stating  their 
names,  addresses,  and  official  positions  or  relations  to 
the   state  department  of  health  or  said  organizations. 

Such  persons  shall  not  publish  or  divulge  for  publica- 
tion or  communicate  to  any  other  person  the  identity  of 
the  persons  to  whom  such  reports  or  registers  relate. 

This  regulation  shall  take  effect  throughout  the  state 
of  New  York,  except  in  the  city  of  New  York,  on  the 
first  day  of  March,  1915.     (Added  Feb.  2,  1915.) 


+  See  §  25,  p.  37,  §  322,  p.  215,  and  Sanitary  Code,  Chap.  VII,  Reg. 
14,  p.  360 


The  Sanitary  Code  359 

Regulation  9.    Transportation  of  dead  bodies  by  com-  Transpor- 
mon  carriers.    The  transportation  of  dead  human  bodies  the  dead 
by  common  carriers  shall  be  conducted  in  such  manner 
as  not  to  be  a  menace  to  health  and   the  manner  of 
transportation  shall  be  subject  to  the  special  adminis- 
trative regulations  of  the  state  commissioner  of  health. 

This  regulation  shall  take  effect  throughout  the  state 

of  New  York,  except  in  the  city  of  New  York,  on  the 

first  day  of  August,  1915.      (Added  May  4,  1915.) 

Regulation     10.    Declaration    of    cantonment    zones,  canton- 
ment  zones 
The   state   commissioner   of   health   may   from   time  to 

time  declare  such  territory  as  he  deems  necessary  in 
the  neighborhood  of  a  military  or  naval  camp  or  can- 
tonment a  health  zone,  and  he  may  from  time  to  time 
change  the  limits  of  or  abolish  such  zone. 

This  regulation  shall  take  effect  November  5,  1917. 
(Added  Oct.  30,  1917.) 

Regulation    11.    Permits    required    to    sell   food   and  Permit  re- 

-n  i  quired 

beverages  m  all  health  zones.    Whenever  the  state  com-  to    sen 
missioner  of  health  has  declared  any  territory  to  be  a  beverages 
health  zone,  as  provided  for  in  regulation  ten  of  this  in  health 

.         zones 

chapter,  thereafter  and  so  long  as  such  declaration 
remains  in  effect  no  person  shall  establish  or  maintain 
any  place  for  the  sale  of  food  or  drink  intended  for 
human  consumption,  unless  such  person  shall  first  have 
secured  from  the  health  officer,  in  whose  jurisdiction  the 
place  is  situated,  a  written  permit  so  to  do.    Such  permit  inspection 

1  '  .  .  °y   health 

shall  not  be  issued  unless,  after  an  inspection,  the  health  officer 

officer  has  satisfied  himself  that  the  place  is  maintained 

under    sanitarv    conditions.     Such    permit,    unless    re-  Permit   for 

J  one    year 

voked,  shall  be  granted  for  one  year  from  the  date  of 
its   issuance    and   shall   be   conspicuously   displayed    in  to  be 
the  place  for  which  it  was  issued.     Such  permits  are  not  displayed 
transferable.  Permit    not 

transfer- 

This  regulation  shall  take  effect  November  5,   1917.  able 
(Added  Oct.  30,  1917.) 


360 


The  Public  Health  Manual 


Monthly 
inspection. 


Revocation 
of  permit 


Tuber- 
culosis 
records 
to   be 
produced 
only     upon 
subpoena 


Regulation  12.  Monthly  inspections  by  health  officers. 
All  places  for  which  such  permits  are  issued  shall  be 
inspected  at  least  once  in  each  month  by  the  health 
officer. 

This  regulation  shall  take  effect  November  5,  1917. 
(Added  October  30,  1917.) 

Regulation  13.  Revocation  of  permit.  Any  permit  so 
issued  may  be  revoked  for  cause  either  by  the  local 
health  officer  or  the  state  commissioner  of  health,  after 
giving  the  person  holding  the  permit  an  opportunity 
for  a  hearing. 

This  regulation  shall  take  effect  November  5,  1917. 
(Added  October  30,  1917.) 

Regulation  14.  Tuberculosis  records.t  In  any  action 
or  prosecution  for  violation  of  any  of  the  provisions 
of  the  public  health  law,  of  the  sanitary  code,  or  of  the 
ordinances  or  regulations  of  any  local  board  of  health, 
the  person  in  charge  of  tuberculosis  records  or  reports 
made  in  pursuance  of  the  provisions  of  sections  twenty- 
five  or  three  hundred  and  twenty  of  the  public  health 
law  may  in  obedience  to  a  duly  issued  and  served 
subpoena  produce  and  allow  to  be  placed  in  evidence 
the  whole  or  any  part  of  such  records  insofar  as  the 
same  shall  be  deemed  relevant  by  the  court  or  by  the 
judge  presiding.  (Added  June  25,  1918,  in  effect 
August  1,  1918.) 

CHAPTER   VIII 


Boarding  Houses 
(Adopted  January  9,  1917) 

inspection         Regulation  1.    No  license  shall  be  issued  by  the  board 
by    health    0f  health  of  any  city  or  town  under  the  provisions  of 

officer  >>,■•>  r 

^  section  four  hundred  eighty-two  of  the  Penal  Law  to 
any    person    to    receive,    board    or    keep    any    nursing 


t  See  §  25,  p.  37.  §  322,  p.  215,  and  Sanitary  Code,  Chap.  VII,  Reg. 
8,  p.  358 


The  Sanitary  Code  361 

children  or  any  children  under  the  age  of  twelve  years 
not  his  relatives,  apprentices,  pupils  or  wards,  without 
legal  commitment,  unless  the  health  officer  or  person 
performing  the  duties  of  health  officer  of  such  city  or 
town  shall  have  made  an  inspection  of  the  premises  pro- 
posed to  be  occupied  by  such  children,  and  shall  have  filed 
a  written  report  thereon  with  the  local  board  of  health,  written 
Such  inspection  shall  irj  elude  an  examination  of  each  reP°rt 
room  proposed  to  be  occupied  by  such  child  or  children, 
and  of  the  sanitary  condition  of  the  premises. 

This  regulation  shall  take  effect  March  1,  1917. 

Regulation  2.  No  license  shall  be  issued  to  any  Conditions 
person  to  receive,  board  or  keep  any  child  or  children  of  iiCense 
unless  each  such  child  shall  sleep  in  a  room  having  one 
or  more  windows  opening  into  the  outer  air.  Pro- 
vision must  be  made  for  the  free  entrance  of  fresh  air 
into  every  such  sleeping  room  and  every  such  room 
shall  be  aired  at  least  once  in  each  twenty-four  hours. 

This  regulation  shall  take  effect  March  1,  1917. 

Regulation  3.    Every  such  license  issued  by  the  board  Form 

Drpscrifofid 

of  health  of  any  city  or  town  shall  be  on  a  form  to  be 
prescribed  by  the  state  commissioner  of  health.     Every 
such  license  shall  expire  on  the  thirty-first  day  of  May  License   re- 
after  its  issue,  and  may  be  renewed  after  a  reinspection 
of  the  premises  by  the  local  health  officer  and  a  written 
report  thereon  to  the  local  board  of  health.     Any  such  License 
license  may  be  revoked  at  any  time  by  the  state  com-  revocable 
missioner  of  health  or  by  the  board  of  health  issuing 
the  same. 

This  regulation  shall  take  effect  March  1,   1917. 

Regulation  4.     It  shall  be  the  duty  of  every  health  inspection 

rt,  .  .  .    .  -II-  °f  board 

officer  to  inspect  in  the  municipality  under  his  juris-  mg  houses 
diction  every  boarding  house  or  lodging  house  where  a  [u£er-lnS 
person   or   persons    affected   with   tuberculosis   may   be  cuiosis 
boarded  or  lodged  and  it  shall  be  his  duty  to  see  that 
the    requirements    of    the    public    health    law    and    the 
sanitary  code  are  complied  with. 


362 


The  Public  Health  Manual 


Health 
officer   to 
furnish 
literature 


Proprietor 
to    post 
regulations 


This  regulation  shall  take  effect  June  I,  1917. 
(Added  March  20,  1917.) 

Regulation  5.  It  shall  be  .the  duty  of  every  local 
health  officer  to  furnish  the  proprietor  or  other  person 
in  charge  of  such  boarding  house  or  lodging  house  with 
such  sections  of  the  sanitary  code  and  the  public  health 
law  as  may  be  required  by  the  state  commissioner  of 
health. 

This  regulation  shall  take  effect  June  1,  1917. 
( Added  March  20,  1917.) 

Regulation  6.  It  shall  be  the  duty  of  the  proprietor 
or  other  person  in  charge  of  iany  boarding  or  lodging 
house  in  which  a  person  or  persons  affected  with 
tuberculosis  may  be  boarded  or  lodged  to  post  in  a  con- 
spicuous place  such  provisions  of  the  sanitary  code  and 
public  health  law  as  may  be  required  by  the  state  com- 
missioner of  health. 

This  regulation  shall  take  effect  June  1,  1917. 
(Added  March  20,  1917.) 


Sale    of 

antipneu- 

mococcus 

and 

antimen- 

ingococcus 

serum 

regulated 


CHAPTER  IX 

(Adopted  December  27,  1917) 
Regulation  1.  Sale  of  antipneumococcus  and  anti- 
meningo coccus  serum  regulated.*  No  serum  for  the 
treatment  of  pneumonia  or  of  meningitis  shall  be  sold 
or  offered  for  sale  in  the  state  of  New  York  unless  each 
package  is  accompanied  by  a  label  or  circular  on  which 
is  stated  the  potency  of  the  serum  as  tested  by  the 
methods  established  by  the  rules  and  regulations  of  the 
state  commissioner  of  health;  and  no  such  serum  shall 
be  sold  or  offered  for  sale  the  potency  of  which  does 
not  equal  or  exceed  the  minimum  fixed  in  such  rules 
or  regulations. 

This  regulation  shall  take  effect  February  15,  1918. 


*  See  Public  Health  Law  §  4-b,  p.  15,  and  Sanitary  Code,  Chap.  II, 
Reg.  44,  p.  327,  and  L.  1917.  Chap.  411,  p.  504 


Agricultural  Law  363 

EXTRACTS 

From  Affiliated  and  Inter-related  Laws  im- 
posing Specific  Duties  upon  the  State  Health 
Department  or  its  Representatives,  or 
bearing  upon  the  Provisions  of  the  Public 
Health  Law. 

ADDICTS 

Drug,    commitment    and    treatment.     Public    Health 
Law.  §  438,  p*  296. 

ADVERTISEMENTS 

Relating  to  venereal  diseases,  prohibited.  Penal  L. 
§    1142-a,  p.  515. 

AGRICULTURAL   LAW 

L.   1909,  Chap.  9,  const.  Chapter  I  of  Cons.  Laws. 

ARTICLE  2 

§  12,  Examination    of    food    for    state    institutions.  Examina- 
tion of 
Commissioner    of    agriculture    authorized    to    examine  food  for 

food  or  food  products  for  use  in  state  institutions,  —  tutions 

milk,  monthly;  other  foods  semi-annually.    To  approve 

land  purchased  for  farm  purposes,  by  state  institutions. 

ARTICLE  3 
Dairy  products 

(The  enforcement  of  article  now  rests  with  Depart- 
ment of  Farms  and  Markets,  Farms  and  Markets 
Law,  §§   25,  30.) 

§  30.  Definitions.     The  term  "  butter  "  when  used  in  Butter 
this    article   means    the   product   of    the   dairy   usually  defined 
known  by  that  term,  which  is  manufactured  exclusively 
from  pure,  unadulterated  milk  or  cream  or  both  with 
or    without    salt    or    coloring    matter;    and    the    term 


364 


The  Public  Health  Manual 


Cheese 
defined 


Oleo- 
margarine, 
butterine, 
etc. ,    de- 
fined 


Adulter- 
ated    milk 
defined 


"  cheese,'"  when  used  in  this  article,  means  the  product 
of  the  dairy  usually  known  by  that  term,  which  is 
manufactured  exclusively  from  pure,  unadulterated 
milk  or  cream,  or  both,  and  with  or  without  coloring 
matter,  salt,  rennet,  sage,  olives,  pimentos,  walnuts, 
peanuts,  tomatoes,  celery  salt  or  onions  added  thereto  as 
a  flavor.  And  provided  further,  that  when  manufac- 
tured by  adding  to  the  elemental  product  of  the  dairy, 
usually  known  by  the  term  "  cheese,"  and  manufactured 
exclusively  from  pure  unadulterated  milk  or  cream  or 
both,  any  pimentos,  olives,  walnuts,  peanuts,  celery  salt, 
tomatoes,  or  onions,  that  the  percentage  of  all  such  sub- 
stances so  added  shall  not  exceed  twenty-five  per  centum 
in  bulk  of  the  manufactured  product. 

The  terms  "  oleomargarine,"  "  butterine,"  "  imitation 
of  butter,"  or  "  imitation  cheese  "  shall  be  construed  to 
mean  any  article  or  substance  in  the  semblance  of 
butter  or  cheese  not  the  usual  product  of  the  dairy  and 
not  made  exclusively  of  pure  or  unadulterated  milk 
or  cream,  or  any  such  article  or  substance  into  which 
any  oil,  lard,  or  fat  not  produced  from  milk  or  cream 
enters  as  a  component  part,  or  into  which  melted  but- 
ter or  butter  in  any  condition  or  state,  or  any  oil  thereof 
has  been  introduced  to  take  the  place  of  cream.  The 
term  "  adulterated  milk  "  when  so  used  means : 

1.  Milk  containing  more  than  eighty-eight  and  one- 
half  per  centum  of  water  or  fluids. 

2.  Milk  containing  less  than  eleven  and  one-half  per 
centum   of  milk   solids. 

3.  Milk  containing  less  than  three  per  centum  of 
fats. 

4.  Milk  drawn  from  cows  within  fifteen  days  before 
and  five  days  after  parturition. 

5.  Milk  drawn  from  animals  fed  on  distillery  waste 
or  any  substance  in  a  state  of  fermentation  or  putre- 
faction or  on  any  unhealthy  food. 

6.  Milk  drawn  from  cows  kept  in  a  crowded  or  un- 
healthy condition;  or  milk  produced  or  kept  in  insani- 


Agricultural  Law  365 

tary  surroundings  or  in  any  environment  or  under  any 
condition  whatever  that  is  inimical  to  its  healthfulness 
or  wholesomeness. 

7.  Milk  from  which  any  part  of  the  cream  has  been 
semoved. 

8.  Milk  which  has  been  diluted  with  water  or  any 
other  fluid,  or  to  which  has  been  added  or  into  which 
has  been  introduced  any  foreign  substance  whatever. 

All  adulterated  milk  shall  be  deemed  unclean,  Milk 
unhealthy,  impure  and  unwholesome.  The  term  "  milk  " 
when  used,  shall  mean  the  whole,  fresh,  clean, 
lacteal  secretion  obtained  by  the  complete  milk- 
ing of  one  or  more  healthy  cows,  properly  fed  and 
kept  excluding  that  obtained  within  fifteen  days  before 
and  five  days  after  calving,  or  such  longer  period  as 
may  be  necessary  to  render  the  milk  practically 
colostrum-free,  and  the  terms  "pure  cream "  or 
"  unadultered  cream "  when  used  singly  or  together, 
mean  cream  taken  from  pure  and  unadulterated  milk. 
The  term  "  adulterated  cream  "  when  used  shall  mean 
cream  containing  less  than  eighteen  per  centum  of  milk 
fat  or  cream  to  which  any  substance  whatsoever  has 
been  added.  (Amended  by  L.  1909,  en.  186,  L.  1910,  ch. 
341,  L.  1911,  ch.  59,  L.  1911,  ch.  608,  L,  1913,  ch.  455, 
and  L.  1918,  ch.  84,  in  effect  March  26,  1918.) 

§  31.  Care  and  feed  of  cows,  and  care  and  keeping  Care  and 
of  the  produce  from  such  cows.     No  person  shall  keep  feed   of 

r  r  ±     cows 

cows,  for  the  production  of  milk  for  market  or  for  sale 
or  exchange,  or  for  manufacturing  the  milk  or  cream 
from  the  same  into  any  article  of  food,  in  a  crowded  or 
unhealthy  condition  or  in  unhealthful  or  unsanitary 
surroundings  and  no  person  shall  keep  such  cows  or 
the  product  therefrom  in  such  condition  or  surround- 
ings or  in  such  places  as  shall  cause  or  tend  to  cause 
the  produce  from  such  cows  to  be  in  an  unclean,  un- 
healthful or  diseased  condition,  if  the  produce  from 
from  such  cows  is  to  be  sold,  offered  or  exposed  for  sale 
upon  the  markets  for  consumption  or  to  be  manufac- 


366  The  Public  Health  Manual 

tured  into  any  food  product,  nor  shall  such  cows  or 
the  produce  therefrom  be  handled  or  cared  for  by  any 
person  suffering  with  or  affected  by  an  infectious  or 
contagious  disease,  nor  shall  any  such  cows  be  fed  on 
any  substance  that  is  in  a  state  of  putrefaction  or 
fermentation,  or  upon  any  food  that  is  unhealthful  or 
that  produces  or  may  produce  impure,  unhealthful, 
diseased  or  unwholesome  milk.  But  this  section  shall 
not  be  construed  to  prohibit  the  feeding  of  ensilage. 
The  commissioner  of  agriculture  is  hereby  empowered 
to  give  such  instruction  and  impart  such  information 
as  in  his  judgment  may  be  deemed  best  to  produce  a 
full  observance  of  the  provisions  of  this  section.  (As 
amended  by  chapter  216  of  the  Laws  of  1910.) 
oM  §  32.  Prohibiting  the  sale  of  adulterated  milk,  imita- 

mg  sale  of  tion  cream  and  regulating  the  sale  of  certified  milk.    No 
atedtemiik    Person  shall  sell  or  exchange  or  offer  or  expose  for  sale 
and    imita-  or  exchange,  any  unclean,  impure,  unhealthy,  adulter- 
ated or  unwholesome  milk  or  any  cream  from  the  same, 
or  any  unclean,  impure,  unhealthy,  adulterated,  colored, 
or  unwholesome  cream,  or  sell  or  exchange,  or  offer  or 
expose  for  sale  or  exchange,  any   substance  in  imita- 
tion  or  semblance  of  cream,  which  is  not  cream,  nor 
shall  he  sell  or  exchange,  or  offer  or  expose  for  sale  or 
exchange  any  such  substance  as  and  for  cream,  or  sell 
or   exchange,   or   offer   or   expose   for   sale   or   exchange 
any    article   of    food   made    from   such   milk    or    cream 
or    manufacture    from    any    such    milk    or    cream    any 
Regulating    article  of  food.     No  person  shall   sell  or   exchange,   or 
sale   of        offer  or  expose  for   sale   or  exchange,   as  and  for  cer- 
fied  "    milk  titled  milk,f  any  milk  which  does  not  conform  to  the  reg- 
ulations prescribed  by  and  bear  the  certification  of  a 
milk  commission  appointed  by  a  county  medical  society 
organized  under  and  chartered  by  the  medical  society 
of  the  state  of  New  York  and  which  has  not  been  pro- 
nounced by  such  authority  to  be  free  from  antiseptics, 


■  t  See  Sanitary  Code,  Chap.  Ill,  Reg.  13,  p.  337 


Agricultural  Law  367 

added  preservatives,  and  pathogenic  bacteria  or  bac- 
teria in  excessive  numbers.  All  milk  sold  as  certified 
milk  shall  be  conspicuously  marked  with  the  name  of 
the  commission  certifying  it.  Any  person  delivering 
milk  to  any  butter  or  cheese  factory,  condensary,  milk 
gathering  station  or  railway  station  to  be  shipped  to 
any  city,  town  or  village  shall  be  deemed  to  expose  or 
offer  the  same  for  sale  whether  the  said  milk  is  deliv- 
ered or  consigned  to  himself  or  another.  Each  and 
every  can  thus  delivered,  shipped  or  consigned,  if  it  be 
not  pure  milk,  must  bear  a  label  or  card  upon  which 
shall  be  stated  the  constituents  or  ingredients  of  the 
contents  of  the  can. 

§  34.  Penalty  for  delivery  of  adulterated  milk.    Any  Penalty  for 
person,  firm,  association  or  corporation  delivering  any  d® hv^rylt 
milk  to  any  butter  or   cheese   factory   in  violation   of  ated    milk 

•  •  to     f3.ctorv 

any  of  the  provisions  of  this  chapter  shall  forfeit  and 
pay  to  the  patrons,  firm,  association  or  corporation 
owning  the  milk  delivered  to  such  factory  the  sum  of 
fifty  dollars,  to  be  recovered  in  a  civil  action  by  the 
person,  firm,  association  or  corporation  entitled  thereto. 

§  35-a.  Fat  tests  of  composite  samples  of  milk.  Per- 
sons testing  milk  or  cream  by  •Babcock  method  as 
basis  for  payment  or  officially,  to  be  licensed  by  state 
commissioner  of  agriculture. 

§  36.  Branded  cans,  jars  or  bottles  not  to  be  sold,  Branded 

cans, 

re-marked  or  used  without  consent  of  owner.    No  per-  bottles, 
son  shall  hereafter  without  the  consent  of  the  owner  or  1^"^^ 
shipper,  use,  sell,  dispose  of,  buy  or  traffic  in  any  milk  remarked 

or    used 

can,  jar  or  bottle,  or  cream  can,  jar  or  bottle,  belonging  without 
to  any  dealer  or  shipper  of  milk  or  cream  residing  in 
the  state  of  New  York  or  elsewhere,  who  may  ship 
milk  or  cream  to  any  city,  town  or  place  within  this 
state,  having  the  name  or  initials  of  the  owner,  dealer 
or  shipper,  stamped,  marked  or  fastened  on  such  can, 
jar  or  bottle,  or  wilfully  mar,  erase  or  change  by  re- 
marking or  otherwise  said  name  or  initials  of  any  such 
owner,  dealer  or  shipper,  so  stamped,  marked  or  fastened 


owner's 
consent 


36S 


The  Public  Health  Manual 


Branded 
cans, 

bottles, 
etc.,    re- 
marked    or 


upon  said  can,  jar  or  bottle.  Nor  shall  any  person  with- 
out the  consent  of  the  owner  use  such  can,  jar  or 
bottle,  for  any  purpose  than  for  milk  or  cream; 
nor  shall  any  person  without  the  consent  of  the  owner 
place  in  any  such  can,  jar  or  bottle,  any  substance  or 
product  other  than  milk  or  cream. 

§  36-a.  Registration  of  milk  cans,  jars  or  bottles.  Any 
person  owning  milk  cans,  jars  or  bottles  upon  which  he 
has  placed  or  desires  to  place  any  designating  mark  may 
outdconseht  register  the  said  designating  mark  with  the  commis- 
of  owner  sioner  of  agriculture,  who  shall  keep  a  record  thereof, 
and  he  may  also  register  with  the  commissioner  of  agri- 
culture, from  time  to  time,  the  number  of  such  cans,  jars 
or  bottles  which  he  has  or  is  to  have,  which  do  or  may 
bear  such  designating  mark.  Such  cans,  jars  or  bottles 
may  after  such  registration  be  numbered  consecutively 
and  such  consecutive  numbers  may  be  registered  in  the 
department  of  agriculture,  as  above  provided,  with  the 
designating  mark.  If  any  such  can,  jar  or  bottle, 
bearing  such  designating  mark  shall  be  found  in  the 
possession  of,  and  being  used  by  any  person  other  than 
the  one  so  registering  the  same  it  shall  be  presumptive 
evidence  of  a  violation  of  the  provisions  of  the  agri- 
cultural law,  unless  such  person  has  the  consent  of  the 
owner  thereof  to  so  have  and  use  the  same. 

No  person,  except  the  original  owner  thereof,  or  a 
person  duly  authorized  by  him  so  to  do,  shall  remove, 
deface  or  erase  any  of  the  marks  upon  the  cans,  jars 
or-  bottles  herein  provided  for. 

When  the  commissioner  of  agriculture,  or  any  person 
duly  authorized  by  him,  shall  find  any  such  cans,  jars 
or  bottles,  bearing  such  registered  designating  mark, 
in  the  possession  of  or  being  used  by  another  person 
than  the  owner  thereof,  he  may  seize  the  same, 
and  if  evidence  is  not  produced  in  three  days 
showing  that  such  person  had  been  given  permission  to 
have  or  use  such  cans,  jars  or  bottles,  then  they  shall 


Seizure 

when 

found 


Agricui/tueal  Law  369 

be  delivered  by  the  commissioner  of  agriculture,  or 
his  agents,  to  the  person  from  whom  taken,  otherwise 
the  commissioner  of  agriculture  shall  notify  the  owner 
of  such  cans,  jars  or  bottles  that  he  has  the  same  and 
upon  application  deliver  the  same  to  such  owner. 
(Amended  by  L.  1916,  ch.  216  and  L.  1917,  ch.  242,  in 
effect  April  23,  1917.) 

§  40.  Prohibits  use  of  butter  substitute  in  boarding- 
houses,  hotels,  restaurants,  saloon,  lunch-counter,  or 
place  of  public  entertainment  unless  notice  on  bill  of 
fare  and  posted  on  signs  easily  read  by  guests. 

§  42.     Coloring  matter  in  food  products;  analysis  by  Analysis 
state    board    of   health.      No   person   or   persons    shall  matter*"  ^g 
manufacture,    sell    or    expose    for    sale    anv    poisonous  in  food 

/  ■  .  products 

coloring  matter  for  the  coloring  of  food  products  of 
any  kind,  nor  shall  any  person  or  persons  use  any 
poisonous  coloring  matter  manufactured,  sold,  offered 
or  exposed  for  sale  within  this  state;  nor  shall  any 
person  or  persons  sell,  offer  or  expose  for  sale  any  food 
product  containing  such  poisonous  coloring  matter. 
The  state  commissioner  of  health  shall  cause  samples  of 
coloring  matter  that  are  exposed  for  sale  upon  the 
market  for  use  in  food  products  to  be  analyzed  and 
report  the  results  of  such  analysis  to  the  legislature 
at  the  next  session. 

§  44.  When  prohibitions  do  not  apply  to  skim-milk  skim-miik 
or  skim-cheese.  The  prohibitions  contained  in  this 
article  against  the  sale  of  adulterated  milk  shall  not 
apply  to  skim-milk,  which  is  clean,  pure,  healthy,  whole- 
some and  unadulterated,  except  by  skimming,  if  it 
is  sold  for  and  as  skimmed  milk.  The  prohibitions  in 
this  article  against  the  sale  of  cheese  made  from 
adulterated  milk  or  cream,  shall  not  apply  to  pure 
skim-cheese  made  from  milk  which  is  clean,  pure, 
healthy,  wholesome  and  unadulterated,  except  by 
skimming.  (Amended  by  L.  1917,  ch.  540,  in  effect 
May   17,   1917.) 


370 


The  Public  Health  Manual 


unclean  §  45.  Unclean    receptacles    and    places    for    *keping 

receptacles    milk-  notice  to  violators  of  provisions.    No  person,  firm, 

and    places  r'         T'- 

for  keeping  association  or  corporation,  producing,  buying  or  receiv- 
ing milk  for  the  purpose  of  selling  the  same  for  con- 
sumption as  such,  or  for  manufacturing  the  same  into 
butter,  cheese,  condensed  milk,  or  other  human  food, 
shall  keep  the  same  in  utensils,  cans,  vessels,  rooms, 
or  buildings  that  are  unclean  or  have  unsanitary  sur- 
roundings or  drainage  or  in  any  condition  whatsoever 
that  would  tend  to  produce  or  promote  conditions  fav- 
orable to  unhealthfulness  or  disease.  The  commissioner 
of  agriculture  shall  notify  all  persons,  firms,  associa- 
tions or  corporations,  violating  this  section,  to  clean 
said  utensils,  cans,  vessels,  rooms  or  buildings,  or  to 
so  improve  the  sanitary  conditions  that  the  law  will 
not  be  violated,  and  if  such  notice  is  complied  with  in 
ten  days'  time,  Sundays  excepted,  then  no  action  shall 
lie  for  a  violation  of  this  section.  Any  person  having 
charge  of  any  milk  gathering  station  where  milk  is 
received  from  the  dairymen  for  the  purpose  of  selling 
the  same  for  consumption  or  shipping  the  same  to  mar- 
ket for  consumption  as  human  food  before  taking  such 
charge  or  operating  or  working  as  such  agent  or  person 
in  charge  shall  apply  to  the  commissioner  of  agricul- 
ture for  a  license  to  so  work  or  operate  or  have  charge, 
and  shall  at  the  time  of  making  such  application,  file 
with  the  commissioner  a  statement  under  oath,  setting 
forth  the  fact  that  he  will  not  while  having  charge  of 
or  operating  any  such  milk  gathering  establishment 
or  while  employed  therein  adulterate  or  suffer  or  permit 
the  adulteration  of  any  such  milk  or  any  product  there- 
of during  the  term  for  which  he  may  be  licensed.  After 
the  applicant  shall  have  complied  with  the  foregoing 
provisions  of  this  section,  the  commissioner  of  agricul- 
ture upon  being  satisfied  that  the  applicant  is  a  person 
of  good  moral  character  and  a  qualified  and  proper  per- 
son  to   so   have   charge   of   or   operate   any   such   milk 


License 
to    milk 
gathering 
station 


*  So  in  original 


Agricultural  Law  371 

gathering  station  or  establishment   shall  issue  to   said 
applicant   a   license,   which   shall   qualify   him   to   have  License 
charge  of   any    such  milk   gathering   station   or   estab-  gathering 
lishment   for   the   period   of   two   years   from   the   date  statlon 
of  such  license;   provided,  however,  that  where  milk  is 
to   be   bought    from    the    dairymen    at    any    such    milk 
gathering  station  by  the  proprietor,  person  in  charge 
or  any  agent  of  the  proprietor  of   such   station,   such 
license  shall  be  only  for  a  period  of  one  year,  as  pro- 
vided in   sections  fifty-five   to   sixty- four,   inclusive,   of 
this  article,  and  the  matter  required  to  be  set  forth  in 
the  application  for  a  license  under  the  provisions  of  this 
section  shall  be  set  forth  in  the  application  provided  for 
in   sections  fifty-five  to   sixty-four   in  addition  to   the 
matters  therein  required.     The  person  regularly  doing 
the  work  of  receiving,  caring  for  and  shipping  the  milk 
at  any  station  or  establishment,  or  in  case  more  than 
one  person  is  so  employed  then  the  foreman  in-  charge 
of  such  works  shall  be  deemed  to  be  a  person  in  charge 
of   such  station  or   establishment   within  the   meaning 
and  purposes   of  this   section.      Such   license   certificate 
shall  be  kept  at  such  station  or  establishment  where 
the   license  is   so   employed   and   shall  be  open  to  the 
inspection  of  the  representatives  of  the  department  of 
agriculture  and  the  public.     Any  person  having  charge  Monthly 
of  any  milk  gathering  station  or  establishment  as  afore-  sales   and 
said  shall  keep  a  true  and  correct  monthly  record  of  shipments 
the  receipts  of  milk  or  other  dairy  products  received  gathering 
at  such  station  or  establishment,  and  also  a  true  and  s  a  10n 
correct   monthly   record   of   all    sales   or    shipments    of 
milk,   cream   or  other  .dairy   products   shipped   or   sold 
from  such  station  or  establishment,  and  shall  also  keep 
a  true  and  correct  monthly  record  of   the  amount  oi 
skim  milk  produced   in   such   station  or   establishment 
and  of  the  disposition  of  said  skim  milk.     Such  record 
shall  be  preserved  at  such  station  or  establishment  for 
at  least  two  years  after  the  same  shall  have  been  made 
and  such  records  shall  at  all  times  be  open  to  the  in- 


372  The  Public  Health  Manual 

spection  of  the  commissioner  of  agriculture,  his  assi3- 
Marking  of  tants  or  agents.  When  cream  is  sold  or  shipped  from 
cream  any   sucn  station   or   establishment  so   selling   or   ship- 

ping milk  for  consumption  as  aforesaid,  each  original 
bottle  or  package  of  one  quart  or  less  of  cream  so 
shipped  or  sold  shall  bear  a  label  securely  attached  to 
the  side  of  such  bottle  or  package  on  which  shall  be 
conspicuously  printed  the  word  "  cream  "  in  black  letters 
of  at  least  one-fourth  of  an  inch  in  length  or  else  the 
word  "  cream  "  shall  be  blown  in  the  side  of  such  bottle 
in  plain  raised  letters  of  at  least  one-half  an  inch  in 
length,  and  the  top  and  side  of  each  and  every  other 
original  package  or  can  containing  cream  or  original 
crate  or  case  containing  bottles  of  cream  so  shipped  or 
sold  shall  bear  a  label  securely  attached  on  which  shall 
be  conspicuously  printed  the  word  "  cream  "  in  "black 
letters  of  at  least  one  inch  in  length  and  also  a  plainly 
written  or  printed  statement  on  the  label  stating  from 
whom  and  what  station  the  same  is  shipped  and  the 
name  of  the  consignee  and  point  of  destination  and 
the  date  on  which  the  cream  therein  was  produced  by 
such  separation  or  skimming.  The  shipment  of  each 
and  every  such  original  package  of  cream  so  shipped 
and  not  so  labeled  as  herein  required  shall  constitute 
a  separate  violation.  When  cream  is  so  separated  or 
skimmed  from  milk  at  any  such  station  or  establish- 
ment and  the  supply  of  milk  on  hand  thereat  at  the 
time  of  the  next  regular  daily  shipment  of  milk  there- 
from, consisting  of  the  total  amount  of  milk  in  such 
shipment,  together  with  that  remaining  on  hand  im- 
mediately after  such  shipment,  is' not  thereby  decreased 
or  correspondingly  less  than  the  total  quantity  received 
during  any  period  extending  from  some  point  of  time 
before  such  skimming  was  done  until  the  time  of  such 
shipment,  together  with  the  amount  of  milk  on  hand 
at  the  commencement  of  such  period,  and  such  decrease 
is  not  equal  in  amount  to  the  quantity  of  milk  that 
must  have  been  used  in  so  separating  such  cream   in 


Agricultural  Law  373 

addition  to  the  quantity  otherwise  there  used  or  dis- 
posed of  during  such  period,  such  fact  is  conclusive  that 
skim  milk  or  other  foreign  substance  was  added  to  such 
milk  supply  within  such  period  and  shall  be  presump- 
tive evidence  within  the  meaning  of  this  section  that 
the  same  was  added  to  each  can  or  vessel  of  milk  in 
such  shipment.  When  cream  or  skim  milk  is  found  to 
have  been  on  the  premises  of  any  such  station  or 
establishment  or  is  sold  or  shipped  therefrom,  such 
cream  or  skim  milk  so  found  or  so  sold  or  shipped  there- 
from shall  be  presumed  to  have  been  produced  by  sepa- 
rating or  skimming  at  such  station  or  establishment. 
In  any  action  or  proceeding  relative  to  the  adulteration 
of  milk  by  removing  cream  therefrom  or  adding  skim 
milk  or  other  foreign  substance  thereto,  it  shall  be 
presumed  that  when  cream  has  been  produced  by  so 
skimming  or  separating  or  butter  has  been  manufac- 
tured, there  was  made  at  least  five  quarts  of  milk  in 
the  production  of  each  quart  of  cream  so  produced  and 
there  was  necessarily  so  produced  thereby  at  least  four 
quarts  of  skim  milk  to  each  quart  of  cream  so  pro- 
duced, and  that  there  was  used  at  least  nine  quarts  of 
milk  in  the  production  of  each  pound  of  butter  so  man- 
ufactured. If  any  such  person  so  duly  licensed  shall 
thereafter  refuse  or  neglect  to  keep  and  preserve  full 
and  complete  records  as  herein  required  or  shall  refuse 
to  exhibit  such  records  to  the  commissioner  of  agricul- 
ture, his  assistants  or  agents  or  shall  violate  any  of  the 
provisions  of  this  section  or  any  of  the  provisions  of 
this  chapter  relative  to  milk  or  the  products  thereof 
he  shall  forfeit  his  license  and  shall  be  disqualified  for 
a  period  of  five  years  from  being  again  licensed  by  the 
commissioner  of  agriculture.  (As  amended  by  chapter 
408  of  the  Laws  of   1913.) 

46.  Unsanitary  cans  and  receptacles  condemned.    All  unsani- 
cans  or  receptacles  used  in  the  sale  of  milk,  cream  or   and  re_  s 
curd   for  consumption,  or   in   transporting  or  shipping  ceptacies 

r  t  condemned 

the    same   to   market   or   the   delivery   thereof   to    pur- 


374  The  Public  Health  Manual 

chasers  for   consumption  as   human   food,  when   found 
by  the   commissioner   of   agriculture   or  his   assistants 
or  agents  to  be  in  unfit  condition  to  be  so  used  by  rea- 
son of  being  worn  out,  badly  rusted,  or  with  rusted 
inside   surface,   or   unclean  or   unsanitary   or   in   such 
condition  that  they  can  not  be  rendered  clean  and  sani- 
tary by  washing,  and  will  tend  to  produce  or  promote 
in   milk,   cream   or   curd   when   contained   therein,   bad 
flavors,   unclean    or   unwholesome   conditions   favorable 
to  unhealthfulness  or   disease,   shall  be   condemned  by 
the    commissioner   of   agriculture   or   his    assistants    or 
agents.    Every  such  can  or  receptacle  when  so  condemned 
shall    be    marked    by    a    stamp,    impression    or    device, 
designed  by   the  commissioner  of   agriculture,   showing 
that  it  has  been  so  condemned,  and  when  so  condemned 
shall  not  thereafter  be  used  by  any  person  for  the  pur- 
pose of  so  selling,  transporting  or  shipping  milk,  cream 
or  curd. 
Receptacles       §  47.  Receptacles   to   be   cleansed   before   returning; 
cieaifd        receptacles  may  be  seized;  evidence;  violation;  milk  can 
before  re-     inspectors.     Whenever   any   can   or  receptacle   is   used 
for  transporting  or  conveying  milk,  cream  or  curd  to 
market   for   the   purpose   of   selling   or   furnishing   the 
same   for   consumption  as   human   food,   which   can   or 
receptacle,   when  emptied,   is   returned  or   intended   to 
be  returned  to  the  person  so  selling,  furnishing  or  ship- 
ping such  substance  to  be  again  thus  used,  or  which 
is  liable  to  continued  use  in  so  transporting,  conveying 
selling  or  shipping  such  substance  as  aforesaid,  the  con- 
sumer, dealer  or  consignee  using,  selling  or  receiving  the 
milk,  cream  or  curd  from  such  can  or  receptacle,  shall, 
before  so  returning  such  can  or  receptacle  remove  all 
substances  foreign  to  milk  therefrom,  by  rinsing  with 
water  or   otherwise.     When  any   such  milk,   cream   or 
curd  is  sold  within  any  city  of  this  state  or  shipped 
into  any  such  city,  the  fact  of  such  shipment  or  sale  shall 
be  prima  facie  evidence  that  the  same  was  so  shipped 
or   sold   for  consumption   as  human   food.     When   any 


Agricultural  Law  375 

such    can    or    receptacle    is    returned    or    delivered    or 
slipped  to  any  person  or  creamery  so  selling  such  sub- 
stance within,  or  shipping  the  same  into  such  city,  it 
is  deemed  that  such  can  or  receptacle  is  liable  to  such 
continued  use  in  so  selling  or  shipping  such  substance 
therein    for    consumption    as    human    food    within    the 
meaning  and  purposes  of  this  section  and  section  forty- 
six.    No  person  shall  place  or  suffer  to  be  placed  in  any  Milk  re- 
such  can  or  receptacle  any  sweepings,  refuse,  dirt,  litter,  ^p^01^ 
garbage,   filth   or  any  other  animal   or  vegetable   sub-  be  used 
stance,   nor   shall   any  such   consignee  or  other  person  purposes^ 
through  himself,  his  agent  or  employee,  bring  or  deliver 
to  any  person  or  railroad  or  other  conveyance  any  such 
can   or   receptacle   for   the   purpose   of   such   return,   or 
any  milk,  cream  or  curd  can  or  receptacle  for  the  pur- 
pose of  delivery  or  shipment  to  any  person  or  cream- 
ery engaged  in  so  selling  or  shipping  such   substances 
for   consumption  as  human  food,  which  can   or  recep- 
tacle contains  such  foreign  substance  or  which  has  not 
been  rinsed  as  herein  provided.     The  word  "  curd  "  as 
used   in   this    section   and   section   forty-six   applies   to 
the    substance    otherwise   known    as    ?'  pot   cheese "    or 
"  cottage  cheese."    Whenever  any  such  can  or  receptacle 
is  used,  returned,  delivered  or  shipped  in  violation  of 
this    section,    or   of   section   forty- six   of   this   chapter, 
every   such  use,  return,  delivery  or  shipment  of  each 
such    can    or    receptacle    shall    be    deemed    a    separate 
violation   thereof.     Such   cans   or   receptacles   so   used,  seizure  of 
returned,  delivered  or  shipped  in  violation  of  this  sec-  recept 
tion  or  of  section  forty-six  may  be  seized  by  the  com- 
missioner of  agriculture,  his  assistants  or  agents  and 
held    as    evidence    of   such   violation.     For   the    proper  Milk  can 
enforcement  of  this  section  and   section  forty- six,  the  1IlsPector5 
commissioner    of    agriculture    may    appoint    two    milk 
can   inspectors   to   be   stationed   chiefly   in   the   city  of 
New  York  who  shall  receive  the  usual  compensation  of 
other   agents   of   the   department   of    agriculture.      (As 
amended  by  chapter  608  of  the  Laws  of  1911.) 


376  The  Public  Health  Manual 

Penalties  §  52.  Penalties.     Every  person  violating  any  of  the 

provisions  of  this  chapter,  shall  forfeit  to  the  people 
of  the  state  of  New  York  the  sum  of  not  less  than 
fifty  dollars  nor  more  than  one  hundred  dollars  for 
the  first  violation  and  not  less  than  one  hundred  dol- 
lars nor  more  than  two  hundred  dollars  for  the  second 
and  each  subsequent  violation.  When  such  violation 
consists  of  the  manufacture  or  production  of  any  pro- 
hibited article,  each  day  during  which  or  any  part  of 
which  such  manufacture  or  production  is  carried  on  or 
continued,  shall  be  deemed  a  separate  violation.  When 
the  violation  consists  of  the  sale,  or  the  offering  or 
exposing  for  sale  or  exchange  of  any  prohibited  article 
or  substance,  the  sale  of  each  one  of  several  packages 
shall  constitute  a  separate  violation,  and  each  day  on 
which  any  such  article  or  substance  is  offered  or  ex- 
posed for  sale  or  exchange  shall  constitute  a  separate^ 
violation.  If  the  sale  be  of  milk  and  it  be  in  cans, 
bottles  or  containers  of  any  kind  and  if  the  milk  in 
any  one  of  such  containers  be  adulterated,  it  shall  be 
deemed  a  violation  whether  such  vender  be  selling  all 
the  milk  in  all  of  his  containers  to  one  person  or  not. 
When  the  use  of  any  such  article  or  sub- 
stance is  prohibited,  each  day  during  which  or  any  part 
of  which  said  article  or  substance  is  so  used  or  fur- 
nished for  use,  shall  constitute  a  separate  violation,  and 
the  furnishing  of  the  same  for  use  to  each  person  to 
whom  the  same  may  be  furnished  shall  constitute  a 
separa+e  violation.  Whoever  by  himself  or .  another 
violates  any  of  the  provisions  of  articles  three,  four, 
six,  eight  and  nine  or  of  sections  three  hundred  four- 
teen and  three  hundred  fifteen  of  this  chapter  or  of 
sections  one  hundred  six,  one  hundred  seven  and  one 
hundred  eight  of  this  chapter  shall  be  guilty  of  a  mis- 
demeanor, and  upon  conviction  shall  be  punished  by  a 
fine  of  not  less  than  fifty  dollars,  nor  more  than  two 
hundred  dollars,  or  by  imprisonment  of  not  less  than 
one  month  nor  more  than  six  months  or  by  both  such 


Agricultural  Law  377 

fine   and   imprisonment,   for   the   first   offense;    and   by 

six     months'     imprisonment     for     the     second     offense. 

(Amended  by  L.  1916,  ch.  384,  in  effect  May  2,  1916.) 

§  53.  Butterine    and    similar    products    not     to    be  institu- 
tions   not 
purchased   by  certain   institutions.      No   money   appro-  to  purchase 

priated  by  law  for  maintenance  and  support  in  whole  o^!"116' 

or  in  part  of  a  state  institution;   nor  money  received  margarine, 

by    a    charitable,     benevolent,     penal     or     reformatory 

institution  from  the  state,  or  from  a  county,  city  or 

town  thereof;   or  appropriated  by  such  county,  city  or 

town  for  the  maintenance   or   support  in  whole  or  in 

part   of   such    institution;    nor  money  belonging   to   or 

used  for  the  maintenance  or  support  of  such  institution, 

shall  be  expended  for  the  purchase  of,  or  in  payment  for, 

butterine,     oleomargine,    lard;    cheese,    or    articles    or 

products   in  imitation   or   semblance  of  natural  butter 

or    cheese    produced    from    pure    unadultered    milk    or 

cream  from  the  same,  which  articles  or  products  have 

been  rendered  or  manufactured  in  whole  or  in  part  from 

animal  fats,  or  animal  or  vegetable  oils  not  produced 

from  unadulterated  milk  or  cream  from  the  same. 

§  54.  Purchase,  sale  and  use  of  butterine  and  similar  Butterine, 

OlfiTTl  £L  Y  - 

products  prohibited  in  certain  institutions.     No  officer,  garine, 
manager,    superintendent    or    agent    of    an    institution  U''^01 
mentioned  in   section  fifty-three  of  this   chapter,   shall  sold  to 

institutions 

purchase  for  the  use  of  such  institution  articles  or 
products,  for  the  purchase  of  which  the  money  appro- 
priated by  law,  or  by  a  county,  city  or  town  is  for- 
bidden to  be  used  by  section  fifty-three  of  this  chapter, 
and  no  person  shall  sell  to,  or  for  the  use  of  such 
institution,  such  articles  or  products.  Nor  shall  such 
articles  or  products  be  used  as  articles  of  food  or  for 
cooking  purposes  in  such  institutions  within  this  state. 
§  55.  Provides  for  licensing  of  milk  gathering 
stations  where  milk  is  bought  for  shipping  to  any  city 
for  consumption  or  for  manufacture. 


378  The  Public  Health  Manual 

ARTICLE  V 

DISEASES   OF  DOMESTIC   ANIMALS 

( Former  article  5  repealed  and  new  article  5  added  by 
L.  1917,  ch.  660,  in  effect  July  1,  1917.) 

Section     90.  Bureau      of      veterinary      service;      chief 
veterinarian. 

91.  Assistant   veterinarians    and    employees. 

92.  Control  and  suppression  of  disease. 

93.  Report  of  disease. 

94.  Regulations  relating  to  importation. 

95.  (Sanitary   regulations. 

96.  Quarantine  on  animals  or  premises. 

97.  Examination   by  veterinarian   prerequisite 

to  destruction   of  animal. 

98.  Physical  examination  of  cattle. 

99.  Examination    at    request    of    owner.      The 

Bang  system.     Grading  of  herds. 

100.  iSale  of  animals  affected  with  tuberculosis 

or  glanders. 

101.  Appraisers. 

102.  Appraisal  of  diseased  animals. 

103.  Certificate  of  appraisal. 

104.  Destruction     of     animals,     disposition     of 

carcasses. 

105.  Post  mortem  examination  of  animals. 

106.  Payments  for  animals  killed. 

107.  Compensation  of  owners  of  animals  killed 

or  appropriated  by  the  state. 

108.  Disposition    and    use    of    tuberculin    and 

mallein. 

109.  Violations    of    rabies    quarantine;    release 

and   impounding   of   dogs. 

110.  Shipping,  slaughtering  and  selling  veal  for 

food . 


Agricultural  Law  379 

Section  111.  Shipping   veal.      Receiving   veal    for    ship- 
ment by  common  carriers. 

112.  Assistants    of    local    officers    in    enforcing 

article. 

113.  Commissioner    and    employees    are    peace 

officers. 

114.  Fines  and  penalties. 

§  90.  Bureau  of  veterinary  service;  chief  veterinarian.  Bureau  of 
The  bureau  of  veterinary  service  in  the  department  of  service 
agriculture  shall  be  continued  and  such  bureau  shall 
be  in  charge  of  an  experienced  veterinarian,  who  shall 
be  appointed  by  the  commissioner  and  be  known  as  the 
chief  veterinarian.  The  chief  veterinarian,  under  the 
direction  of  the  commissioner,  shall  have  general 
charge  of  the  enforcement  of  the  provisions  of  this 
article  and  may  collect  and  disseminate  information 
and  statistics  in  relation  to  the  diseases  of  domestic 
animals,  the  proper  care  and  sanitation  of  stables  and 
other  buildings  used  for  the  housing  of  farm  animals, 
and  such  other  similar  matters  as  the  commissioner 
may  direct. 

§  91.  Assistant    veterinarians    and    employees.      The  veterina- 
commissioner  may  appoint  such  other  veterinarians  and  proved  «by 
employ  such  other  persons  as  he  may  from  time  to  time  commis- 
deem  necessary  to  assist  in  the  discharge  of  the  duties  agriculture 
under  this  article.     He  may  also  adopt  suitable  rules 
providing  for  the  acceptance,  approval  and  certification 
of     the     work     of     veterinarians     as     he     may     deem 
necessary  for  the  purposes  of  this  article. 

§  92.  Control  and  suppression  of  disease.     The  com-  control 
missioner  mav  cause  investigation  to  be  made  as  to  the  an5c,sup"  nf 

J  o  pression     of 

best  method  for  the  control,  suppression  or  eradication  disease 
of  infectious  or  communicable  disease  affecting  domestic 
animals.      Whenever    any    infectious    or    communicable 
disease  affecting  domestic  animals   shall  exist  or  shall 
have   recently  existed   outside  this    state,   the   commis- 


380  The  Public  Health  Manual 

sioner  shall  take  measures  to  prevent  such  disease 
from  being  brought  into  the  state.  Whenever  any  such 
disease  shall  exist  or  be  brought  into  or  break  out  in  this 
state,  the  commissioner  shall  take  measures  promptly 
to  suppress  the  same  and  to  prevent  such  disease  from 
Quaran-  spreading.  He  shall  issue  and  publish  a  notice  stating 
tine  notices  ^^  a  Specjfle(j  infectious  or  communicable  disease 
exists  in  the  state,  or  in  any  designated  county  or 
other  geographical  district  thereof,  and  warning  all 
persons  to  seclude,  in  the  premises  where  they  may  be 
at  the  time,  all  animals  within  this  state,  or  within 
such  county  or  district,  or  an  adjoining  county  or 
district,  that  are  of  a  kind  susceptible  to  contract 
such  disease;  and  ordering  all  persons  to  take  such 
precautions  against  the  spreading  of  the  disease  as  the 
nature  thereof  may,  in  his  judgment,  render  necessary 
or  expedient,  and  which  he  may  specify  in  such  notice. 
Such  notice  shall  be  published  in  such  manner  as  the 
commissioner  may  designate.  The  commissioner  may 
cause  such  notice  to  be  posted  on  public  service  poles 
other  than  those  carrying  wires  transmitting  electricity 
for  light  or  power,  or  on  fences  on  the  highway  or  on 
buildings  abutting  upon  the  highways,  provided,  if 
such  fences  or  buildings  be  personally  owned,  the  owners 
thereof  consent  to  such  posting.  ■No  person  shall  tear 
down,  mutilate,  deface  or  destroy  any  such  notice  or 
order  issued  by  the  commissioner  and  posted,  as  pro- 
vided herein,  during  the  pendency  of  such  notice  or 
order.  The  commissioner  may  alter  or  modify,  from 
time  to  time,  as  he  may  deem  expedient,  the  terms  of 
any  notice  or  order  issued  or  made  pursuant  to  this 
article  and  may  at  any  time  cancel  or  withdraw  the 
same. 
orfecom-S  §  93-  RePort  of  disease.  Every  person  shall  immedi- 
municabie     ately  report  to  the  commissioner  the  existence  anions 

disease     of  .  *. 

animals         animals    of    any    infectious    or    communicable    disease 
reported        coming    to   his    knowledge.      Every    report   shall    be   in 


Agricultural  Law  3S1 

writing  and  shall  include  a  description  of  the  diseased 
animal  or  animals,  the  location  thereof,  the  name  of 
the  disease  suspected,  and,  if  known,  the  name  and 
address  of  the  owner  or  person  in  charge  of  such 
animal    or    animals. 

§  94.  Regulations  relating  to  importation.     The  fol-  Reguia- 
lowing   regulations   shall   apply  to  the   importation   of  ing  to   im- 
domestic  animals:  portation 

1.  Xo  person  shall  knowingly  bring  into  this  state 
any  domestic  animal  which  has  an  infectious  or  com- 
municable disease. 

2.  Any  person  bringing  into  this  state  domestic 
animals  for  any  purpose  other  than  immediate  slaughter 
without  taking  precaution  to  ascertain  whether  such 
animals  have  an  infectious  or  communicable  disease 
shall  be  presumed  to  have  brought  them  in  knowingly 
in  violation  of  this  section,  if  they  are  found  to  have 
such  disease. 

3. .  Animals  received  from  outside  the  state  under  the  Reguiat- 
supervision   of  the  United   States   department   of   agri-  ^Tt^n 
culture  or  the  department  of  agriculture  of  the  state  of    animals 
of  Xew  York,  or  for  which  a  permit  or  certificate  shall 
have  been  issued  by  either  of  such  departments,  shall 
be  deemed  to  have  been  handled  with  due  precaution. 

•4.  Any  person  importing  or  bringing  into  this  state 
aeat  cattle  for  dairy  or  breeding  purposes  shall  report 
immediately  upon  bringing  such  cattle  into  the  state  to 
the  department,  in  writing,  stating  the  number  of  cattle 
thus  brought  in,  the  places  where  they  were  procured, 
the  lines  over  which  they  were  brought,  their  desti- 
nation within  the  state  and  when  they  will  arrive 
thereat;  and  if  there  be  filed  with  the  department  at 
the  time  of  filing  such  report  or  within  ten  days  there- 
after, a  certificate  by  a  duly  authorized  veterinary 
piactitioner  approved  by  the  authorities  of  the  state 
in  which  he  resides  or  by  an  authorized  veterinary 
inspector  of  the  United  States  bureau  of  animal  indus- 


382  The  Public  Health  Manual 

try  to  the  effect  that  he  has  duly  examined  such  animals 
and  that  they  are  free  from  any  infectious  or  com- 
municable disease,  the  commissioner  may  issue  a  per- 
mit to  such  person  to  remove  such  cattle  immediately. 
Otherwise  such  person  shall  detain  such  animals  at 
the  point  of  destination  for  at  least  twenty  days  for 
inspection  or  examination  by  the  commissioner  or  his 
duly  authorized  agent.  The  provisions  of  this  sub- 
division relating  to  advance  reports  to  the  department 
shall  not  apply  to  cattle  imported  into  this  state  at  a 
point  where  there  is  federal  inspection. 

5.  Persons  importing  or  receiving  domestic  animals 
from  without  the  state  shall  give  such  other  informa- 
tion to  the  department  as  it  may  from  time  to  time 
request  relating  to  such  animals. 

6.  The  commissioner,  a  deputy  commissioner,  or  the 
chief  veterinarian  may  order  all  or  any  animals  com- 
ing into  the  state  to  be  detained  at  any  place  or  places 
for  inspection  and  examination,  and  may  in  their 
discretion  cause  such  animals  to  be  duly  examined  in 
such  manner  as  they  shall  prescribe,  and  if  any  of 
them  be  found  affected  with  any  infectious  or  com- 
municable disease,  such  animals  shall  be  condemned 
and  slaughtered  or  held  in  strict  quarantine. 

7.  Every  bringing  of  an  animal  into  the  state  in 
violation  of  this  section  shall  constitute  a  separate 
and  distinct  violation. 

8.  Nothing  contained  in  this  section  can  be  construed 
to  prevent  or  make  unlawful  the  transporation  of 
domestic  animals  through  this  state  on  railroads  or 
boats. 

sanitary  §  95.  Sanitary  regulations.      The  commissioner  may 

adopt  and  enforce  rules  regulating  the  sanitation  of 
stables  or  other  buildings  used  for  the  housing  of 
domestic  animals  for  the  purpose  of  preventing  the 
spread  of  infection  and  contagion  among  such  animals 
and  may  provide  for  the  inspection  and  examination  of 


regula 
tions 


Agricultural  Law  383" 

such  staMes  and  buildings.  The  commissioner  may 
adopt  and  enforce  rules  concerning  the  equipment  for 
and  the  method  of  the  sanitary  production  of  milk  and 
may  provide  for  the  examination  and  scoring  of  dairies 
in  accordance  with  such  rules.  He  may  also  prescribe 
such  rules  as  may  be  necessary  for  disinfecting  and 
cleaning  premises,  buildings,  railway  cars,  boats  and 
other  objects,  from  or  by  means  of  which  infection  or 
contagion  of  animals  may  be  spread  or  conveyed. 

§  96.  Quarantine  on  animals  or  premises.  The  com-  Quaran- 
missioner,  a  deputy  commissioner,  or  the  chief  veteri- 
narian, may  order  any  animal  or  animals  affected  with 
communicable  disease  or  which  have  been  exposed  to  a 
communicable  disease  or  which  they  believe  to  be 
suffering  from  or  exposed  to  a  dangerous  communicable 
disease,  to  be  put  in  quarantine  and  may  order  any 
premises  or  farm  where  such  disease  exists  or  shall 
have  recently  existed  to  be  put  in  quarantine,  so  that 
no  domestic  animal  be  removed  from  or  brought  to  the 
premises  quarantined;  and  shall  prescribe  such  regula- 
tions affecting  animals,  persons  or  property  as  they  may 
deem  necessary  or  expedient  to  prevent  the  dissemina- 
tion of  the  disease  from  the  premises  so  quarantined. 

§  97.  Examination  by  veterinarian  prerequisite  to  Bxamina- 
destruction  of  animal.  No  animal  shall  be  destroyed  by  approved 
the  commissioner  or  by  his  order  unless  first  examined  JfLnna~ 

v  nan 

by  a  veterinarian  in  the  employ  of  the  department,  or  before 
whose  work  is  approved  by  the  commissioner,  nor  until  tion  of 
such    veterinarian    renders    a    certificate    to    the    com-  amma! 
missioner,  to  the  effect  that  he  has  made  such  examina- 
tion, that,  in  his  judgment,  such  animal  is  infected  with 
a  specified  infectious  or  communicable  disease,  or  that 
its  destruction  is  necessary  in  order  to  prevent  or  sup- 
press,   or    to    aid   in    preventing    or    suppressing,    such 
disease. 

Physical 

§  98.  Physical  examination  of  cattle.  The  com-  examina- 
missioner  shall  cause  a  physical  examination  to  be  made  ca°ttie° 


384  The  Public  Health  Manual 

by  competent  veterinarians  of  dairy  cows  whose  milk 
is  marketed  in  liquid  form  or  manufactured  into  butter, 
cheese  or  other  food  for  human  consumption,  where 
the  conditions  are  such  as  to  make  it  necessary  in 
order  to  prevent  the  products  containing  pathogenic 
bacteria,  and  he  may  cause  a  bacteriological  test  to  be 
made  of  the  secretions  or  excretions  of  any  herd  or 
herds  of  dairy  cows  or  of  any  cow  or  cows  within  the 
Physical  state.  Such  physical  examinations  may  be  made  as 
tion  of  frequently  as  available  funds  appropriated  will  permit, 
and  as  the  conditions  necessitate.  An  examination 
made  by  any  qualified  and  approved  examiner  may  be 
accepted  by  the  commissioner.  Except  in  advanced 
cases,  if  an  animal  is  found  to  have  tuberculosis  the 
commissioner  of  agriculture  shall  not  take  any  action 
based  upon  such  physical  examination  unless,  if 
required  by  the  owner,  the  tuberculin  test  be  applied 
and  such  test  confirms  the  result  of  the  physical  exami- 
nation. If  from  such  examination  an  animal  be  deemed 
to  be  infected  with  tuberculosis  or  any  infectious  or  com- 
municable disease  or  its  condition  be  such  as  to  render 
it  undesirable  for  the  production  of  milk  or  a  menace 
to  the  health  of  other  animals  or  persons,  such  animal 
shall  be  immediately  removed  from  the  herd,  slaughtered 
or  disposed  of  as  the  commissioner  may  prescribe 
according  to  the  provisions  of  this  article.  If  the 
owner  or  custodian  of  the  herd  so  examined  makes 
written  request,  the  commissioner  upon  the  recommen- 
dation of  a  veterinarian  making  such  examination  shall 
deliver  or  forward  to  such  owner  or  custodian  of  herds 
so  examined  a  certificate  stating  that  such  examination 
has  been  made,  the  date  thereof  and  such  other  infor- 
mation as  may  be  deemed  necessary  by  the  commis- 
sioner. The  commissioner  may  make  such  regulations 
as  he  may  deem  necessary  for  the  classification  of 
herds  examined  under  this  section  and  is  hereby 
authorized    and   empowered,   within    the    limits   of   his 


Agricultural  Law  385 

appropriation,  to  make  arrangements  at  laboratories, 
either  public  or  private,  for  the  bacteriological  tests 
above  provided  for. 

§  99.  Examination  at  request  of  owner.     The  Bang  Examina- 
system;    grading   of  herds.      The   owner   of   a   herd   of  ^queS 
cattle  kept  for  dairy  or  breeding  purposes  within  the  oz  owner 
state  may  apply  to  the  commissioner  for  examination 
of  his  herd  by  the  tuberculin,  or  other  approved  test, 
subject  to  the  following  regulations: 

1.  The  application  therefor  shall  be  upon  a  blank 
form  provided  by  the  commissioner  and  shall  include 
an  agreement  on  the  part  of  the  owner  of  the  herd  to 
improve  faulty  sanitary  conditions,  to  disinfect  his 
premises  if  diseased  cattle  be  found,  and  to  follow 
directions  of  the  commissioner  designed  to  prevent  the 
reinfection  of  the  herd  and  to  suppress  the  disease  and 
prevent  the  spread  thereof.  ! 

2.  The  commissioner  shall  cause  such  cattle  to  be 
examined  accordingly,  subject  to  the  provisions  of  this 
article,  and  if  any  animal  responds  to  such  test,  he  may 
cause  it  to  be  slaughtered  or  held  in  strict  quarantine. 

3.  If    after   examination    an   animal   be   found  to   be  "Bang  > 
suffering     from     tuberculosis     such     animal     shall     be  "  -y 
slaughtered  under  the  provisions  of  this  article,  or  the 
commissioner  may  enter  into  a  written  agreement  with 

the  owner  for  keeping  such  animal  under  what  is 
known  as  the  "Bang  system;"  or  the  commissioner 
may,  if  the  condition  of  such  animal  warrants  it,  con- 
sign such  animal  to  any  one  of  the  experiment  stations 
or  farms  owned  by  the  state,  or  by  any  county  of 
the  state,  or  to  the  farms  of  such  public  institutions 
in  the  state  as  the  commissioner  shall  approve,  there 
to  be  kept  and  used  by  the  state  for  breeding,  dairy 
or  experimental  purposes  according  to  the  "  Bang 
system.*' 

4.  'Subject  to  the  rules  of  the  commissioner  an  animal 
found  to  be  diseased  after  such  test  may  continue  to  be 

13 


3S6 


The  Public  Health  Manual 


Grading 

herdB 


used  for  breeding  purposes  and  its  milk  may  be  used 
after  proper  pasteurization  at  such  temperature  and  foi 
such  time  as  the  commissioner  may  prescribe  except  that 
such  milk  be  used  without  pasteurization  for  the  feeding 
of  calves  or  hogs,  provided  such  calves  or  hogs  so  fed 
are  killed  under  inspection  approved  by  the  com- 
missioner. 

5.  The  young  of  any  such  diseased  animal  shall  im- 
mediately be  separated  from  its  mother  and  shall  not 
be  permitted  to  receive  or  be  fed  the  milk  from  such 
affected  animal  so  separated  and  quarantined  until  such 
milk  has  been  pasteurized  as  herein  provided,  unless  such 
calf  is  to  be  killed  as  provided  in  subdivision  four  of 
this  section, 
of     6.  The  commissioner  may  make  rules  for  classifying 
herds    tested   under   this    section    or    certified   by   com- 
petent examination  satisfactory  to  him  for  the  purpose 
of  giving  recognition  to  herds  which  are  in  a  healthy 
condition   and   is  hereby  authorized  to  issue  such   cer- 
tification as  he  may  deem  necessary  in  relation  to  such 
herds.     The  commissioner  is  hereby  authorized  to  adopt 
such  rules  as  he  may  deem  necessary  for  the  tagging, 
branding  or  marking  of  any  animal  or  animals  affected 
or  believed  to  be  affected  with  any  communicable  disease, 
or  exposed  thereto.     In  the  event  that  such  animals  are 
branded  it  shall  not  be  construed  as  cruelty  to  animals 
within  the  meaning  of  the  penal  law. 

§  100.  Sale  of  animals  affected  with  tuberculosis.    No 
animal  showing  physical  evidence  of  tuberculosis  or  in 
with  tuber- which  such  disease  shall  have  been  indicated  as  a  result 

culosis 

of  the  tuberculin,  or  other  approved  test,  shall  be  sold 
other  than  for  immediate  slaughter  except  under  a 
written  contract  approved  by  the  commissioner,  signed 
by  both  parties,  specifying  the  facts.  No  such  animal 
shall  be  removed  except  for  immediate  slaughter  from 
the  premises  where  examined  except  upon  the  written 
permission  of  the  commissioner.     A  contract  of  sale  as 


Sale  of 
animals 
affected 


Agricultural  Law  387 

provided  by  this  section  shall  be  executed  in  triplicate 
and  one  copy  thereof  delivered  to  the  purchaser,  one 
kept  by  the  seller,  and  the  other  delivered  to  the 
commissioner. 

§  101.  Appraisers.      The    commissioner    may    employ  Appraisers 
from  time  to   time   appraisers   of    condemned    animals.  ^m°°°" 
The  chief  or  any  assistant  veterinarian  shall  have  all  animals 
the  powers  of  any  appraiser  of  condemned  animals  under 
this  article. 

§  102.  Appraisal  of  diseased  animals.     Each  animal  Appraisal 

of   diseased 
directed  to  be  slaughtered  or  taken  over  by  the  state  animals 

to  be  kept  under  the  "  Bang  system "  shall  be  ap- 
praised at  the  market  value  of  such  animal  at  the  time 
of  making  the  appraisal.  The  appraised  value  of  each 
registered  pure-bred  bovine  animal  shall  not  exceed  one 
hundred  and  twenty-five  dollars  or  any  other  bovine 
animal  seventy-five  dollars.  The  appraised  value  of  each 
equine  animal  shall  not  exceed  one  hundred  and  twenty- 
five  dollars.  If  the  value  of  a  condemned  animal  as 
determined  by  the  appraiser  is  not '  satisfactory  to  the 
owner,  its  value  shall  be  determined  by  arbitrators,  one 
of  whom  shall  be  appointed  by  the  state  appraiser  and 
one  by  the  owner.  If  they  are  unable  to  agree,  a  third 
arbitrator  shall  be  appointed  by  them.  The  value 
determined  by  such  arbitrators  shall  not  exceed  the 
limits  established  by  this  article  and  after  approval 
by  the  commissioner  shall  be  final.  The  arbitrator 
selected  by  the  owner  shall  be  paid  by  him.  If  a  third 
arbitrator  be  chosen  he  shall  be  paid  by  the  state  not 
more  than  five  dollars  per  day  and  necessary  expenses. 
Appraisers  of  condemned  animals  and  arbitrators  ap- 
pointed under  this  section  may  administer  oaths  and 
examine  witnesses. 

§  103.  Certificate  of  appraisal.     The  appraiser  shall  £jJ"esfi~of 
execute  and  deliver  to  the  owner  of  a  condemned  animal  appraisal 
or  his  legal  representative  a  certificate  stating  the  ap- 
praised value  thereof.     If  such  value  was  determined  by 


388 


The  Public  Health  Manual 


Destruc- 
tion of 
animals 


Disposi- 
tion   of 

carcasses 


Post- 
mortem  ex- 
amination 
of     ani- 
mals 


Payments 
for 

animals 
killed 


arbitrators,  there  shall  be  attached  to  such  certificate  a 
statement  of  the  value  so  determined  signed  by  at  least 
two  of  the  arbitrators.  The  form  of  such  certificate 
shall  be  prescribed  by  the  commissioner. 

§  104.  Destruction  of  animals;  disposition  of  car- 
casses. The  commissioner  may  prescribe  rules  for  the 
destruction  of  animals  affected  with  infectious  or  com- 
municable disease,  and  for  the  proper  disposal  of  their 
hides  and  carcasses  and  all  objects  which  might  carry 
infection  or  contagion.  Whenever  in  his  judgment 
necessary  for  the  more  speedy  and  economical  suppres- 
sion or  prevention  of  the  spread  of  any  such  disease  he 
may  cause  to  be  slaughtered  and  afterward  disposed  of, 
in  such  manner  as  he  may  deem  expedient,  any  animal  or 
animals  which  by  contact  or  association  with  diseased 
animals  or  other  exposure  to  infection  or  contagion  may 
be  considered  or  suspected  to  be  liable  to  contract  or 
communicate  the  disease  sought  to  be  suppressed  or 
prevented.  The  commissioner  may  seize  and  cause  to 
be  destroyed  a  carcass  or  any  portion  thereof  affected 
with  any  communicable  disease. 

§  105.  Post-mortem  examination  of  animals.  Every 
animal  duly  condemned  and  killed  under  the  provisions 
of  this  article  shall  be  examined  by  a  veterinarian  or 
physician  designated  by  the  commissioner  for  the  pur- 
pose of  determining  whether  or  not  disease  existed  in 
such  animal.  Such  post-mortem  examination  shall  be 
under  rules  prescribed  by  the  commissioner  and  the 
report  thereof  shall  show  conditions  found  upon  such 
examination  duly  verified  by  the  person  making  such 
examination. 

§  106.  Payments  for  animals  killed.  The  certificate 
of  appraisal  and  the  statement  of  the  result  of  the  post- 
mortem examination  shall  be  presented  by  the  owner, 
or  his  legal  representative,  or  assigns,  to  the  commis- 
sioner, who  shall  issue  his  order  for  the  amount  due, 
as  shown  by  such  certificate  and  statement  after  he  has 


Agricultural  Law  3S9 

found  them  to  be  correct,  which  amount  shall  be  paid 
by  the  state  treasurer  on  the  warrant  of  the  comptroller 
out  of  moneys  appropriated  therefor.  The  owner  of 
animals  condemned,  taken  over  by  the  state  or  slaugh- 
tered as  provided  for  herein  shall  also  be  entitled  to  and 
shall  be  paid  interest  on  the  amount  due  as  shown  by 
said  certificate  as  herein  provided  for,  after  thirty  days 
from  the  time  such  animals  are  ordered  so  taken  or 
slaughtered  by  the  commissioner. 

§  107.  Compensation  of  owners  of  animals  killed  or  compensa- 
appropriated   by   the   state.      The   following  provisions  owners    of 
shall  govern  the  payment  of  compensation  to  owners  of  f.0,1,111?15 
animals  killed  or  appropriated  by  the  state  under  the  appro- 

n    ,-..  ,.   !  priated 

provisions  of  this  article:  by  state 

1.  If  upon  post-mortem  examination  an  animal  is 
found  not  to  have  the  disease  for  which  killed  or  any 
dangerously  infectious  or  communicable  disease,  the 
owner  shall  be  allowed  the  actual  appraised  value  of 
such  animal  at  the  time  of  killing,  unless  such  animal 
was  killed  on  account  of  violaton  of  quarantne  regula- 
tions, as  provided  in  this  article. 

2.  If  an  equine  animal  be  found  upon  post-mortem 
examination  to  have  been  suffering  from  glanders  not 
manifest  by  physical  symptoms,  the  owner  thereof  shall 
be  paid  therefor  ninety  per  centum  of  the  appraised 
value.  If  the  animal  has  glanders  showing  physical 
symptoms  the  owner  thereof  shall  be  paid  therefor 
twenty-five  per  centum  of  the  appraised  value. 

3.  If  a  bovine  animal  be  found  upon  post-mortem 
examination  to  have  been  suffering  from  localized  tuber- 
culosis, or  if  such  animal  be  taken  over  by  the  state 
as  provided  by  this  article,  the  owner  thereof  shall  be 
paid  ninety  per  centum  of  the  appraised  value.  If  a 
bovine  animal  be  found  upon  such  examination  to  have 
had  generalized  tuberculosis  the  owner  thereof  shall  be 
paid  twenty-five  per   centum   of  the  appraised    value. 


390  The  Public  Health  Manual 

4.  No  animal  killed  or  taken  under  the  provisions  of 
this  article  shall  be  paid  for  as  herein  provided  unless, 
if  a  bovine,  it  shall  have  been  within  the  state  of  New 
York  for  at  least  six  months,  and  if  an  equine  for  at 
least  twelve  months. 

5.  The  commissioner  is  hereby  authorized  to  make 
rules  in  reference  to  the  official  inspection  of  the  car- 
casses of  animals  so  killed,  and  to  provide  for  the  suit- 
able marking  or  branding  of  carcasses  passed  or  con- 
demned. The  commissioner  may  make  such  rules  as  he 
deems  necessary  or  expedient  for  the  proper  disposal 
of  carcasses  or  parts  thereof. 

6.  For  every  day  the  owner  or  custodian  of  diseased 
animals  is  obliged  to  keep  them  in  excess  of  ten  days 
from  the  date  ordered  killed  or  taken  by  the  commis- 
sioner, he  shall  be  allowed  and  paid  the  sum  of  twenty- 
five  cents  per  day  per  head. 

7.  No  compensation  shall  be  paid  to  any  person  who 
shall  have  wilfully  concealed  the  existence  of  disease 
among  his  animals  or  upon  his  premises,  or  who  in  any 
way  by  act  or  by  wilful  neglect  has  contributed  to  spread 
the  disease  sought  to  be  suppressed  or  prevented  or  who 
shall  have  wilfully  neglected  to  take  necessary  precau- 
tion or  obeyed  instructions  given  him  by  the  commis- 
sioner or  neglected  to  assist  in  the  control  or  eradiction 
of  any  infectious  or  communicable  disease  among  his 
animals. 

8.  Except  as  herein  provided  no  compensation  shall 
be  paid  for  any  animal  which  upon  post-mortem  exami- 
nation is  found  to  have  the  disease  on  account  of  which 
it  was  killed,  or  any  dangerously  infectious  or  com- 
municable disease  that  would  warrant  the  destruction 
of   such   animal. 

9.  If  the  disease  known  as  aphthous  fever  be  found 
to  exist  within  this  state  and  the  commissioner  deems 
it  necessary  to  properly  control,  suppress  or  eradicate 
such  disease,  to  order  the  slaughter  of  domestic  animals 


Agricultural  Law  391 

or  the  destruction  of  other  property  or  both,  the  owner 
of  animals  so  slaughtered  or  property  so  destroyed  shall 
receive  compensation  in  the  manner  following:  The 
amount  to  be  paid  for  each  bovine  animal  so  destroyed 
shall  be  fixed  in  the  same  manner  as  provided  for  in 
this  section  but  shall  not  exceed  the  sum  of  two  hundred 
dollars  for  any  one  bovine  animal  so  taken.  The  value 
of  animals  so  destroyed  and  the  amount  due  owners  as. 
provided  herein,  less  the  amounts  paid  or  to  be  paid  by 
the  federal  government,  shall  be  paid  upon  the  audit 
and  warrant  of  the  comptroller  to  owners  entitled 
thereto  "in  the  same  manner  as  provided  in  section  one 
hundred  and  six  of  this  article. 

§  10S.  Disposition  and  use  of  tuberculin  and  mallein.  Di«no,i 
ine   commissioner  is   hereby   authorized  to   make   such  tion  and 
rules  and  promulgate  such  orders  for  the  proper  con-  Sercuiin 
trol,    use   or    distribution   of   tuberculin    or   mallein   as  mallein 
he  may   deem    necessary.      The    following   general   pro- 
visions  shall  govern  the  disposition  and  use  of  tuber- 
culin and  mallein  within  the  state : 

1-  All  tuberculin  or  mallein  sold,  given  away  or  used, 
shall  bear  a  label  stating  the  name  and  address  of  the 
manufacturer,  the  degree  of  strength  and  dosage  recom- 
mended,  and  the  date  of  the  preparation. 

2.  All  tuberculin  or  mallein  sold  or  given  away  for 
use  m  testing  bovine  or  equine  animals  shall  be  re- 
ported, in  writing,  to  the  commissioner  within  one  week 
after  such  sale  or  gift  is  made.  Such  report  shall  be 
signed  by  the  person  making  the  gift  or  sale  and  shall 
state  the  name  and  address  of  the  person  to  whom  such 
tuberculin  or  mallein  has  been  sold  or  given,  and  the 
amount  supplied. 

3.  Any  person,  firm,  corporation  or  institution  bring- 
ing or  causing  tuberculin  or  mallein  or  a  biological 
product  containing  living  pathogenic  organisms  to  be 
brought  into  the  state  to  be  used  therein  in  the  treat- 
ment of  or  administration  to  domestic  animals  shall 
within  one  week  thereafter,  make  a  report  thereof  to  the 


use 
tuber 
r-ulin     and 


392  The  Public  Health  Manual 

commissioner  stating  the  manufacturer  thereof,  the 
quantity  so  brought  in  and  giving  such  other  informa- 
tion in  relation  thereto  as  the  commissioner  may  request. 
4.  The  commissioner  shall  print,  in  appropriate  form, 
blanks  for  making  and  keeping  records  of  such  tests 
and  other  necessary  data  for  the  purposes  of  this  article. 

Disposi-  5.  Any  person  using  tuberculin  or  mallein  in  testing 

0f  animals  shall  keep  a  correct  record  thereof,  and,  if  re- 
quested by  the  commissioner,  any  person,  firm  or  cor- 

maiiein  poration  making  such  tests  shall  within  one  week  there- 
after report  to  the  commissioner  giving  a  detailed  ac- 
count of  the  tests  thus  made,  including  the  description 
of  animals,  the  location  of  the  farm  or  farms  upon 
which  tests  were  made,  and  the  name  and  address  of 
the  owner  or  custodian.  If  the  commissioner  desires  to 
cause  a  physical  examination  to  be  made  of  any  animal 
so  tested,  or  a  bacteriological  examination  of  its  milk 
to  be  made,  the  owner  or  custodian  of  any  such  animal 
that  has  reacted  shall  indicate  to  the  commissioner,  or 
to  the  person  designated  by  him,  any  animal  that  shall 
have  been  subjected  to  any  such  test  and  give  such  in- 
formation as  the  commissioner  may  direct  with  refer- 
ence thereto,  or  of  previous  tests  of  such  animal  and 
such  other  information  relating  thereto  as  the  commis- 
sioner may  require. 

6.  If  such  tests  be  made  by  a  nonresident  of  the  state, 
the  owner  or  custodian  of  the  animals  thus  tested  shall 
make  such  report  to  the  commissioner  as  he  may 
require. 

7.  No  person  shall  knowingly  inject  into  any  bovine 
or  equine  animal  as  or  for  .tuberculin  or  mallein  any 
substance  which  is  not  tuberculin  or  mallein. 

8.  No  person  shall  treat,  except  by  consent  of  the 
commissioner  for  experimental  purposes,  any  bovine  or 
equine  animal  with  any  material  or  substance,  or  in 
any  manner,  for  the  purpose  or  with  the  effect  of  pre- 


Agkicultural  Law  393 

venting  a  normal  reaction  on  the  part  of  such  animal 
to  the  tuberculin  or  mallein  test. 

9.  No  person  shall  give  a  certificate  or  statement 
showing  or  tending  to  show  that  an  animal  has  been 
tested  or  examined  and  found  not  affected  with  tuber- 
culosis or  glanders  or  other  communicable  disease  unless 
the  character  of  such  test  or  examination  is  stated,  and 
was  made  in  a  proper  way,  and  that  upon  such  test  or 
examination  such  animal  failed  to  give  any  evidence  of 
such  disease. 

§  109.  Violations   of  rabies   quarantine;    release   and  violations 
impounding  of  dogs.     If  the  commissioner  shall  quar-  qUaran-eS 
antine  any  particular  districts  or  territory  for  the  pur-  tines 
pose  of  stopping  or  preventing  the  spread  of  the  disease 
known  as  rabies,  and  if  any  dog  be  found  within  the 
said  quarantine  district  in  violation  of  said  quarantine 
or   regulation,   any   person   may   catch   or   cause   to  be 
caught  such  dog  and  have  him  impounded  or  confined. 
If  such  dog  is  thereafter  not  found  to  be  affected  with 
the  disease  known  as  rabies,  it  may  be  released  to  the 
owner  by  the  commissioner  upon  application  to  him  and 
satisfactory  proof  of  such  fact.     Upon  receipt  of  such  Reieas© 
release  the  owner  of  such  dog  shall  pay  a  penaltv  of  and    *m" 

°  r    j  l  «  pounding 

ten  dollars  to  the  treasurer  or  chief  officer  of  the  city,  of  dogs 
if  such  district  be  located  wholly  within  a  city,  and 
otherwise  to  the  treasurer  of  the  county  in  which  such 
dog  is  impounded,  and  upon  due  proof  of  such  payment 
shall  be  entitled  to  the  possession  of  such  dog.  If  ap- 
plication for  such  release  be  not  made  to  the  commis- 
sioner within  three  days  after  such  dog  is  found  to  be 
affected,  or  if  such  penalty  be  not  paid  by  the  owner 
within  three  days  after  the  receipt  of  such  release,  or 
if  it  is  found  impracticable  after  reasonable  effort  to 
catch  and  impound  such  dog  which  is  within  said  quar- 
antine district  in  violation  of  such  quarantine  or  regu- 
lation or  to  find  the  owner  of  a  dog  so  impounded,  then 


394  The  Public  Health  Manual 

any  person  may  kill  or  cause  to  be  killed  such  dog,  and 
shall  not  be  held  liable  for  damages  for  such  killing. 
shipping,  §  HO.  Shipping,    slaughtering    and    selling    veal    for 

slaughter-       .     ,  _ 

ing  and        iOOd.     JNo  person  shall  slaugher  or  expose  for  sale,  or 

veaiD^or       se^  any  ca-^  or  carcass  of  the  same  or  any  part  thereof, 
food  unless  it  is  in  good  healthy  condition.     jSTo  person  shall 

sell  or  expose  for  sale  any  such  calf  or  carcass  of  the 
same  or  any  part  thereof  except  the  hide,  unless  it  was, 
if  killed,   at  least  three  weeks   of   age   at  the  time  of 
killing.     'No  person  or  persons  shall  bring  or  cause  to  be 
brought    into    any    city,   town    or    village    any    calf    or 
carcass  of  the  same  or  any  part  thereof  for  the  purpose 
of  selling,  offering  or  exposing  the  same  for  sale,  un- 
less it  is  in  a  good  healthy  condition,  and  no  person  or 
persons  shall  bring  any  such  calf  or  carcass  of  the  same 
or  any  part  thereof  except  the  hide  into  any  city,  town 
or  village  for  the  purpose  of  selling,  offering  or  exposing 
the   same  for   sale,   unless  the   calf   is   three  weeks   of 
age,  or,  if  killed,  was  three  weeks  of  age  at  the  time  of 
killing,  provided,  however,  that  the  provisions  of  this 
section   shall  not  apply  to  any  calf  or  carcass  of  the 
same  or  any  part  thereof,  which  is   slaughtered,   sold, 
offered  or  exposed  for  sale,  for  any  other  purpose  than 
food.     Any  person  or  persons  exposing  for  sale,  selling 
or   shipping  any  calf   or   carcass   of   the   same  will  be 
presumed  to  be  so  exposing,  selling  or  shipping  the  said 
calf  or  carcass  of  the  same  for  food.     Any  person  or 
persons    shipping    any    calf    for    the    purpose    of    being 
raised,   if  the   said  calf   is  under  three  weeks   of  age, 
shall  ship  it  in  a  crate,  unless  said  calf  is  accompanied 
by  its   dam.     Any  person   shipping  calves  under  three 
weeks  of  age  for  fertilizer  purposes  must  slaughter  such 
calves    before    such    shipping.      Any   person   or    persons 
duly  authorized  by  the  commissioner  of  agriculture  may 
examine  any  calf  or  veal  offered  or  exposed  for  sale  or 
kept  with   any   stock  of  goods   apparently   exposed   for 
sale,  and  if  such  calf  is  under  three  weeks  of  age,  or 


Agricultural  Law  395 

the  veal  is  from  a  calf  killed  under  three  weeks  of  age, 
or  from  a  calf  in  an  unhealthy  condition  when  killed, 
he  may  seize  the  same  and  cause  it  to  be  destroyed  and 
disposed  of  in  such  manner  as  to  make  it  impossible  to 
be  thereafter  used  for  food. 

§  111.  Shipping  veal;  receiving  veal  for  shipment  by  shipping 
common  carriers.  It  shall  be  unlawful  for  any  corpora-  veal 
tion,  partnership,  person  or  persons  to  ship  to  or  from 
any  part  of  this  state  any  carcass  or  carcasses  of  a  calf 
or  calves  or  any  part  of  such  carcass  except  the  hide, 
unless  they  shall  attach  to  every  carcass  or  part  thereof 
so  shipped,  in  a  conspicuous  place,  a  tag,  that  shall 
stay  thereon  during  such  transportation,  stating  the 
name  or  names  of  the  person  or  persons  who  raised  the 
calf,  the  name  of  the  shipper,  the  place  of  shipping 
and  the  destination  and  the  age  of  the  calf.  No  person 
or  persons  shall  mutilate  or  in  any  way  disfigure  such 
tag  in  such  way  as  to  conceal  information  given  thereon 
or  render  the  same  illegible.  No  railroad  company, 
express  company;  steamboat  company  or  other  common 
carrier  shall  carry  or  receive  for  transportation  any 
carcass  or  carcasses  of  calves,  or  any  part  of  the  same 
except  the  hide,  unless  the  said  carcass  or  carcasses  or 
part  thereof  shall  be  tagged  as  herein  provided. 

§  112.  Assistance  of  local  officers  in  enforcing  article.  Assistance 
The   commissioner   may    call   upon   the    sheriff,   under-  officers1  in 
sheriff  or  deputy  sheriff  in  a  county  to  carry  out  and  enforcing 
enforce  the  provisions  of  any  notice,  order  or  regulation 
which  it  may  make  pursuant  to  this  article,  and  every 
such  officer  shall  obey  every  order  and  instruction  re- 
ceived from  him  in  the  premises.    The  expense  incurred 
by  any  such  officer  in  carrying  out  and  enforcing  the 
provisions  of  such  notice,  order  or  regulation  shall  be 
a  state  charge,  to  be  audited  by  the  commissioner  of 
agriculture  and  paid  by  the  state  treasurer  on  the  war- 
rant of  the  comptroller  in  the  same  manner  as  other 
state  charges  are  paid,  notwithstanding  the  provisions 


J96 


The  Public  Health  Manual 


Commis- 
sioner 
and   em- 
ployees 
peace 
officers 


Fines     and 
penalties 


of  any  local  or  special  act  fixing  or  limiting  the  com- 
pensation or  expenses  payable  by  the  county 
to  its  sheriff,  under-sheriff  or  a  deputy  sheriff.  If 
a  city  or  part  thereof  be  included  in  any  notice,  order, 
rule  or  regulation  of  the  commissioner  made  under  this 
article,  the  commissioner  may  call  upon  the  commis- 
sioner of  public  safety  or  the  police  department  of  such 
city  to  enforce  the  same  within  the  city  or  portion 
thereof  affected;  and  the  commissioner  of  public  safety 
or  police  department  shall  obey  every  order  or  instruc- 
tion so  made  or  issued ;  and  the  expenses  incurred  there- 
for shall  be  a  state  charge. 

§  113.  Commissioner  and  employees  are  peace  officers. 
For  the  purpose  of  enforcing  the  provisions  of  this 
article,  the  commissioner,  deputy  commissioners  and 
other  officers  and  employees  of  the  department  shall  be 
deemed  peace  officers  and  have  all  the  rights  and 
powers  of  peace  officers. 

§  114.  Fines  and  penalties.  Any  person  violating, 
disobeying  or  disregarding  the  terms  of  any  notice,  rule, 
order  or  regulation  issued  or  prescribed  by  the  commis- 
sioner of  agriculture  or  by  any  person  duly  authorized 
by  the  commissioner,  under  this  article  shall  forfeit  to 
the  people  of  the  state  the  sum  of  not  less  than  fifty 
dollars  nor  more  than  one  hundred  dollars  for  every  such 
violation.  Any  person  violating  any  of  the  provisions  of 
this  article,  or  disobeying  or  disregarding  the  terms  of 
any  notice,  rule,  order  or  regulation  issued  or  prescribed 
by  the  commissioner,  or  by  any  person  duly  authorized 
by  the  commissioner,  under  this  article,  shall  be  guilty 
of  a  misdemeanor  and  shall  be  fined  not  less  than  fifty  or 
more  than  one  hundred  dollars  for  each  separate  offense 
or  by  imprisonment  of  not  less  than  one  month  nor  more 
than  six  months,  or  by  both  such  fine  and  imprisonment; 
except  that  in  the  case  of  rabies  he  shall  be  fined  not  less 
than  ten  nor  more  than  one  hundred  dollars  for  each 
offense  or  by  imprisonment  of  not  less  than  one  month 


Cross-References  397 

nor  more  than  six  months,  or  by  both  such  fine  and 
imprisonment.  Any  veterinarian  violating  any  of  the 
provisions  of  section  one  hundred  and  eight  of  this 
article,  in  addition  to  the  penalties  and  fines  prescribed 
in  this  article,  shall  forfeit  his  certificate  to  practice  and 
thereafter  be  debarred  from  practicing  his  profession 
within  the  state  of  New  York  until  such  disability  is 
legally  removed.  The  penalties  and  fines  provided  in  this 
article  shall  apply  to  violations  of  section  one  hundred 
and  ten  of  this  article,  except  that  the  minimum  penalty 
for  violations  of  such  section  shall  be  for  the  first  viola- 
tion five  dollars  for  each  calf,  and  for  the  second  viola- 
tion, ten  dollars  for  each  calf,  and  the  minimum  fine  for 
first  offense  shall  be  five  dollars,  and  for  second  offense 
ten  dollars. 

ARTICLE  VIII 

Sale,   Adulteration  or  Misbranding   of  Food   and  Food 

Products 

Section     200.  Prohibition    as    to    adulterated    or    mis- 
branded  food, 

201.  Definition    of   adulterated   or   misbranded 

food. 

202.  Penalties. 

203.  Guaranty  established. 

BAKERIES 

Requirements  and  inspection.  Labor  Law,  §§  111-114. 
Sanitary  certificates.  Labor,  §  115.  Future  cellar 
bakeries  prohibited.  Labor  Law,  §  116.  Sanitary 
Code  for  Labor  Law,  §  117.  No  person  with  any  com- 
municable disease  to  work  in  bakery.  §  113-a. 

BARBERS  AND  BARBER  SHOPS 

Sanitary  Code,  Chapter  VII,  Regulations  4  and  6, 
(pp.  356,  357). 


398  The  Public  Health  Manual 

BATHING  ESTABLISHMENTS 

Regulating  sanitary  conditions  of.  Public  Health 
Law,  §  312,   (p.  201). 

CALVES 

Slaughtering  and  sale.    Agricultural  Law,  §§  110-111, 
(p.  394).     Keeping  in  village,  regulated.     Village  Law, 
•     §  90,  subd.  30,   (p.  568). 

CAMPS 

Cases  of  disease  presumably  communicable  to  be 
reported.  Sanitary  Code,  Chapter  II,  Regulation  6, 
(p.  308).  Labor  Camps,  permit  required,  rules  and 
regulations.  Sanitary  Code,  Chapter  V,  ( p.  347 ) . 
Treatment  of  tuberculosis,  approval  of  site.  Public 
Health  Law,  §  319,  (p.  211).  Military  and  naval 
declaration  of  health  zones.  iSan.  Code,  Chap.  VII, 
Reg.   10,    (p.  359). 

CEMETERIES 

Acquisition  of  lands  for,  and  lot  owners'  rights. 
General  Municipal  Law,  §§  160-163.  Procedure  for 
removal  of  bodies  when  cemetery  lands  taken  by  con- 
demnation. Conservation  Law,  §  447.  Removal  of 
remains  from  one  cemetery  to  another  by  religious 
corporation.     Religious  Corporations  Law,  §  9. 

CHILDREN 

Omitting  to  provide  for  —  failure  to  report  sore 
eyes  of  infant.  Penal  Law,  §  482,  ( p.  512 ) .  Endanger- 
ing life  or  health.  Penal  Law,  §  483.  Employment 
in  factories.  Labor  Law,  §§  70-7S,  (p.  483).  Employ- 
ment in  mercantile  establishments.  Labor  Law,  §§  160- 
173,  (p.  492).  Selling  liquor  to.  Liquor  Tax  La-w,  §  29, 
( p.  505 ) .  Furnishing  narcotics  or  tobacco  to  children. 
Penal  Law,  §  484,  (p.  514).  Boarding  houses  receiving 
children  under  twelve  years  of  age.  Sanitary  Code, 
Chapter  VIII,  Regs.  1-3,  (p.  360).  Education  of  phys- 
ically defective.     Education  Law,  §  1020.     Education  of 


Code  of  Criminal  Procedure      '  399 

children  with  retarded  mental  development.  Education 
Law,  §.578.  Vaccination  of  school  children.  Public 
Health  Law,  §§  310-311,  (p.  199).  Examination  and 
quarantine  of  children  admitted  to  institutions.  Public 
Health  Law,  §  313,  (p.  204). 

CHIROPODY 

Examination,  registration  and  practice  of  Chiropo- 
dists. Public  Health  Law,  §§  271-282,  (p.  172).  Sani- 
tary Code,  Chap.  VII,  Reg.  5,  6,   (p.  357). 

COLD  STORAGE 

Regulation   of.      Public   Health   Law,    §§    335-339-d 

(p.  226). 

CODE  OF  CRIMINAL  PROCEDURE 

§  887.  Who  are  vagrants. 
The  following  persons  are  vagrants: 
*         *         *         *         *         *  .      *         *         #         *         * 

3.  A  person  who  has  contracted  an  infectious  or 
other  disease,  in  the  practice  of  drunkenness  or  debauch- 
ery, requiring  charitable  aid  to  restore  him  to  health; 

4.  A  person  (a)  who  offers  to  commit  prostitution; 
or  (b)  who  otters  to  secure  a  female  person  for  the  pur- 
pose of  prostitution,  or  for  any  other  lewd  or  indecent 
act;  or  (c)  who  loiters  in  or  near  any  thoroughfare  or 
public  or  private  place  for  the  purpose  of  inducing, 
enticing  or  procuring  another  to  commit  lewdness, 
fornication,  unlawful  sexual  intercourse  or  any  other 
indecent  act;  or  (d)  who  in  any  manner  induces,  en- 
tices or  procures  a  person  who  is  in  any  thoroughfare 
or  public  or  private  place,  to  commit  any  such  acts;  or 
(e)  who  is  a  common  prostitute  who  has  no  lawful  em- 
ployment whereby  to  maintain  herself.  ( Subd.  amended 
by  L.  1915,  ch.  285,  in  effect  Sept.  1,  1915.) 


400  The  Public  Health  Manual 

COMMUNICABLE  DISEASES 

Regulations    regarding.      Sanitary    Code,    Chapter    II 

(p.  304). 

CONSERVATION  LAW 

(L.  1911,  ch.  647,  constituting  chapter  65  of  the  Con- 
solidated Laws.) 

sanitary  §  310.  Sanitary  inspection  of  shellfish  grounds;  can- 

inspection  cellation  of  certificate;  service  of  notice;  report. 
grouJdslfiSh  1.  (Sanitary  inspection  of  shellfish  grounds.  It  shall 
be  the  duty  of  the  supervisor  within  one  year  from  the 
passage  of  this  act,  or  within  such  further  time  as  it 
may  require  to  complete  the  same  and  annually  there- 
after, to  cause  to  be  inspected  and  examined  by  a 
competent  bacteriologist,  appointed  by  the  commission, 
all  shellfish  grounds  and  other  places  within  the  state 
from  which  shellfish  are  taken,  planted,  cultivated  or 
handled,  with  a  view  to  ascertaining  the  sanitary 
condition  of  such  shellfish  grounds  and  other  places, 
and  the  fitness  of  the  shellfish  in  such  places,  or  which 
may  be  taken  therefrom,  for  use  as  articles  of  food, 
except  that  shellfish  grounds  used  exclusively  for  the 
growing  or  cultivating  of  seed  oysters  shall  not  be  sub- 
ject to  the  sanitary  examination  and  inspection  pro- 
vided for  in  part  X.  (Subdivision  amended  by  L.  1913, 
ch.  796.  Extraord.  Sess.) 
canceiia-  2-  Cancellation  of  certificate.     The  Commission  may, 

tion  of  cer-  jf  ft  deems  it  necessary  at  any  time,  have  the  whole  or 
any  part  of  such  lands  and  waters  inspected  or  such 
places,  and  if  the  shellfish  thereon  or  therein  are 
found  unfit  for  consumption,  cause  a  certificate  of 
inspection  thereof,  theretofore  issued,  to  be  cancelled 
on  ten  days'  written  notice  to  the  holder, 
service  of  3.  Service  of  notice.  Such  notice  shall  be  in  writing 
notice  and  shall  be  served  on  the  person  to  whom  the  certifi- 

cate  is   issued,   and  may  be   served  by   delivering   the 
same  to  him  personally  or  by  post  by  letter  addressed 


Conservation  Law  401 

to  the  person  on  whom  it  is  to  be  served  at  his  last 
known  place  of  residence  and  if  served  by  post  shall  be 
deemed  to  have  been  served  at  the  time  when  the  letter 
containing  the  same  would  be  delivered  in  the  ordinary 
course  of  the  post.  When  the  person  is  a  corporation, 
notice  shall  be  served  by  delivering  the  same  or  by 
sending  it  by  post  addressed  to  the  office  or  principal 
place  of  business  of  such  corporation. 

4.  Report.  iSuch  bacteriologist  shall  immediately  Report 
after  each  examination  and  inspection  make  a  report 
thereof  to  the  supervisor  of  the  sanitary  condition  of 
the  various  shellfish  grounds  and  other  places  and 
their  products  inspected  and  examined  by  him.  (Added 
by  L.  1912,  ch.  318,  and  amended  by  L,  1913,  ch.  508.) 

§  311.  Duties  of  state  commissioner  of  health.     For  Duties  of 

,,  j.  ;  .  ,     .  ,  .  ..  .  state     corn- 

the  purpose  of  making  such  inspection,  the  commission  miSSioner 
may  request  the  state  commissioner  of  health  to  desig-  of  health 
nate  and  assign,  and  it  shall  be  the  duty  of  the  state 
commissioner  of  health,  upon  such  application,  to  desig- 
nate and  assign  one  or  more  sanitary  inspectors  who 
shall,  under  the  direction  of  the  supervisor  of  marine 
fisheries,  visit  such  shellfish  grounds  and  places,  and  ex- 
amine them,  and  the  shellfish  found  thereon  or  therein, 
and  immediately  report  to  said  supervisor  the  result  of 
such  examinations.     (Added  by  L.  1912,  ch.  318.) 

§  312.  Record  and  certificate  of  inspection;  fee; 
termination;  revocation;  transfer,  notice  of  condition 
of  public  shellfish  grounds. 

§  313.  Prohibited  sale  of  shellfish  unless  sanitary 
conditions  be  certified;   certificate  to  be    furnished. 

§  325.  Polluting  waters.  Sludge  acid  or  refuse  from  Polluting 
oil  works,  sugar  houses  or  other  manufactories,  except  waters 
refuse  from  the  manufacture  of  oil  from  menhaden  or 
other  fish,  sewage  or  any  substance  injurious  to  oyster 
culture  or  fish,  shall  not  be  placed  or  allowed  to  run 
into  waters  of  the  state  in  the  marine  district,  and 
upon  it  appearing  to  the  satisfaction  of  the  supervisor 


402 


The  Public  Health  Manual 


Approval 
Of    public 
water 
supply 
plans 


that  oyster  beds  or  such  waters  have  become  polluted 
from  one  or  more  of  these  causes,  it  shall  be  his  duty 
to  cause  complaint  to  be  made  in  a  criminal  action 
against  the  person  or  persons  so  offending,  and  such 
person  or  persons  so  offending  shall  also  be  liable  in 
damages  to  persons  injured,  in  addition  to  the  penal- 
ties hereinafter  provided.     (Added  by  L.  1912,  ch.  318.) 

'§  326.  Garbage  not  to  be  thrown  in  certain  waters. 

§  406.  General  powers  of  commission  as  to  river 
improvements. 

§  407.  Petition  for  river  improvement. 

§  408.  Determination  upon  petition  for  river  improve- 
ment. 

§  409.  Proceedings  upon  approval  of  petition  for  river 
improvement. 

§  447.  Cemeteries.  Provides  procedure  for  removal 
of  bodies  when  cemetery  lands  are  taken  by  condemna- 
tion proceedings. 

§  520.  General  powers  of  commission  in  relation  to 
water  supply. 

§  521.  Municipal  corporations  must  submit  maps 
and  profiles  of  new  or  additional  sources  of  water 
supply.  No  municipal  corporation  or  other  civil 
division  of  the  state,  and  no  board,  commission  or  other 
body  of  or  for  any  such  municipal  corporation  or  other 
civil  division  of  the  state  shall,  nor  shall  any  person 
or  waterworks  corporation  engaged  in  supplying  or 
proposing  to  supply  the  inhabitants  of  any  municipal 
corporation  or  other  civil  division  of  the  state  with 
water,  after  this  chapter  takes  effect,  have  any  power 
to  acquire,  or  to  take  n  water  supply  or  an  additional 
water  supply,  or  to  take  or  condemn  lands  for  any  new 
or  additional  sources  of  water  supply,  until  such  per- 
son, corporation  or  civil  division  has  first  submitted 
the  maps,  plans,  and  profiles  therefor  to  the  commission 
of  conservation,  as  hereinafter  provided,  and  until 
said    commission    shall    have    approved    the    same,    or 


Conservation  Law  403 

approved  the  same  with  such  modifications  as  it  may 
determine  to  be  necessary  as  hereafter  provided. 
Approval  shall  not  be  necessary  of  any  plans  hereto- 
fore approved  by  the  state  water  supply  commission,  or 
of  any  plans  or  work  for  a  new  or  additional  water 
supply  or  filtration  plant  authorized  in  pursuance 
thereof  or  in  connection  therewith,  or  of  any  plans 
or  work  for  the  extension  of  supply  or  distributing 
mains  or  pipes  of  a  municipal  water  supply  plant  into 
and  for  the  purpose  of  supplying  water  in  any  territory 
within  the  limits  of  the  municipality  owning  such  plant, 
including  territory  which  has  not  been  heretofore  sup- 
plied with  water  by  such  plant. 

§  522.  Petition  for  approval  of  plans  for  water  sup- 
ply and  proceedings  thereupon. 

§  523.  Approval  of  work. 

§  525.  Sewage   disposal  as   affecting  potable   waters,  sewage 

.      ,,  ...  .   disposal     as 

The  commission  shall  report  the  present  disposition  of  affecting 
sewage  of  each  municipal  corporation  and  other  civil  ^°^J® 
division  of  the  state,  and  if  necessary,  of  adjoining 
states,  with  special  reference  to  said  disposition  affect- 
ing the  various  municipal  corporations  and  other  civil 
divisions  of  the  state  in  relation  to  the  water  supply 
of  this  state.  Said  commission  shall  also  report  the 
advisability  of,  the  time  required  for,  and  the  expenses 
incident  to  the  construction  of  a  state  system  of  water 
supply  and  for  a  state  system  for  the.  disposition  of 
sewage,  if  necessary,  for  all  or  any  of  the  municipal 
corporations  and  other  civil  divisions  of  this  state, 
and  make  such  recommendations  connected  with  the 
subjects  of  said  investigations  herein  provided  for  as 
said  commission  shall  determine.  In  said  investigation 
concerning  either  the  water  supply  or  disposition  of 
sewage,  said  commission  shall,  so  far  as  possible,  make 
use  of  all  reports  and  surveys  in  regard  thereto  which 
have  heretofore  been  made.  Wherever,  by  any  pro- 
vision  of   law,   the   consent   or   approval   of   any   state 


404 


The  Public  Health  Manual 


board,  officer  or  commission  is  required  for  the  construc- 
tion of  any  sewage  system  or  sewage  disposal  works, 
the  further  approval  thereof  by  the  conservation  com- 
mission shall  be  required. 


|§  530-539. 


ARTICLE    IX-A 
Union  water  districts. 


CORONERS 

Conduct  of  inquest  by.  Code  Criminal  Procedure, 
§§  773-790.  Fees,  County  Law,  §  94.  Records  of 
autopsies  to  be  filed.  Public  Health  Law,  §  5-a  ( p.  16 ) . 
Health  officer  to  refer  certain  cases  to  coroner.  Public 
Health  Law,  §  378  (p.  257). 

COUNTY  LAW 

(L.  1909,  ch.  16,  constituting  Chapter  11  of  the  Cons. 

Laws. ) 
§   12.  General    powers.       The    board    of    supervisors 
shall : 


Employees 
of  county 
tuber- 
culosis 
hospitals 
excepted 
from    juris- 
diction   of 
board  of 
super- 
visors 


5.  Have  power  to  fix  the  amount  and  the  time  or 
manner  of  payment  of  the  salary  or  compensation  of  any 
county  officer  or  employee,  except  a  judicial  officer  or  an 
officer  or  employee  of  a  county  tuberculosis  hospital  and 
the  term  of  office  and  mode  of  appointment,  number  and 
grade  of  any  appointive  county  officer  and  of  the 
clerks,  assistants  or  employees  in  any  county  office, 
except  an  officer  or  employee  of  a  county  tuberculosis 
hospital,  notwithstanding  the  provisions  of  any  general 
or  special  law  fixing  the  amount  of  such  salary  or  com- 
pensation or  the  time  or  manner  of  payment  thereof, 
or  fixing  the  term  of  office  or,  providing  for  the  mode  of 
appointment,  number  or  grade  of  any  such  county  officer 
or  of  the  clerks,  assistants  or  employees  in  any  county 
office,  or  vesting  in  any  other  board,  body,  commission  or 
officer  authority  to  fix  such  term  of  office,  or  the  amount 


County  Law  405 

of  such  salary  or  compensation  or  the  time  or  man- 
ner of  payment  thereof  or  to  provide  for  the  mode 
of  appointment,  number  or  grade  of  such  officers  or  of 
the  clerks,  assistants  or  employees  in  any  county 
office;  and  the  power  hereby  vested  in  the  board  of 
supervisors  shall  be  exclusive  of  any  other  board,  body, 
commission  or  officer,  except  the  authorities  of  a 
county  tuberculosis  hospital,  notwithstanding  any 
general  or  special  law.  The  salary  or  compensation 
of  an  officer  or  employee  elected  or  appointed  for  a 
definite  term  shall  not  be  increased  or  diminished  dur- 
ing such  term.  (Am'd  hj  L.  1911,  ch.  359,  L.  1913, 
eh.  742  and  L.  1914,  ch.  358,  in  effect  April  15,  1914.) 

§  43.  Board  may  establish  county  laboratory.  The  f™ntvt 
board  of  supervisors  of  any  county  shall  have  the 
power,  by  the  vote  of  a  majority  of  said  board,  to 
establish  a  county  laboratory  and  to  appoint  a. 
thoroughly  trained  and  competent  county  bacteriol- 
ogist to  have  charge  of  such  laboratory,  and  such 
assistants  as  may  be  required. 

§  44.  Compensation    and    removal    of    bacteriologist  compensa- 

.  tion    and 

and  assistants.  Such  board  of  supervisors  shall  have,  removal 
by  like  vote,  power  to  fix  the  compensation  of  such  terioiogist 
county  bacteriologist  and  to  remove  him  from  office;  ancl 
fix  the  compensation  of  such  assistants  and  remove 
them  from  office ;  also  to  provide  any  necessary  supplies, 
equipments,  and  samples  not  otherwise  provided.  Such 
board  of  supervisors  may  from  time  to  time  make 
such  rules  and  regulations  concerning  the  duties  and 
liabilities  of  such  officers  as  said  board  may  deem  for 
the  best  interests  of  the  county.  Provided  that  the 
board  of  supervisors  of  any  county  having  no  county 
bacteriologist  may,  and  such  board  is  hereby  author- 
ized and  empowered  to  make  a  contract  with  a  county 
having  such  county  bacteriologist  and  county  labora- 
tory, or  with  a  city  having  a  city  bacteriologist  and 
city  laboratory,  for  the  performance  of  such  services  as 


406 


The  Public  Health  Manual 


County- 
tuber- 
culosis 
hospitals 
counties 
35,000  or 
more 


of 


Contract 
with    ad- 
joining 
county    'or 
private 
sanato- 
rium    or 
joint    with 
one    or 
more 
counties 


Establish- 
ment  by- 
state     com- 
missioner 
of  health 


said  board  may  deem  necessary  in  the  interests  of  pub- 
lic health. 

§  45.  Establishment  of  county  hospitals  for  tuber- 
culosis,. The  board  of  supervisors  of  every  county  in 
the  state  containing  a  population  of  thirty-five  thousand 
or  more,  as  determined  by  the  latest  state  census,  shall 
establish,  as  hereinafter  provided,  a  county  hospital  for 
the  care  and  treatment  of  persons  suffering  from  the 
disease  known  as  tuberculosis,  unless  there  already 
exists  in  such  county  a  hospital  or  institution  provided 
by  the  county  or  other  authority  and  caring  for  persons 
suffering  from  tuberculosis,  which  is  approved  by  the 
state  commissioner  of  health,  or  the  board  of  super- 
visors of  such  county  shall  enter  into  a  contract  prior 
to  November  first,  nineteen  hundred  and  eighteen,  for 
the  care  of  its  tuberculosis  patients  with  an  adjoining 
county  having  such  county  hospital  or  with  a  private 
sanatorium  within  its  county  or  shall  join  with  one  or 
more  other  counties  in  the  establishment  and  main- 
tenance of  such  county  hospital  as  hereinafter  pro- 
vided. iSuch  county  hospital,  except  a  hospital  estab- 
lished and  maintained  by  two  or  more  counties,  shall 
be  available  for  patients  on  or  before  the  first  day  of 
July,  nineteen  hundred  and  eighteen.  If  the  board  of 
supervisors  of  any  such  county  shall  have  failed  to 
secure  a  site  for  a  county  tuberculosis  hospital,  and  to 
have  awarded  contracts  for  the  erection  of  suitable 
buildings  thereon  by  the  first  day  of  January,  nineteen 
hundred  and  eighteen,  it  shall  be  the  duty  of  the  state 
commissioner  of  health  forthwith  to  proceed  to  locate, 
construct  and  place  in  operation  a  tuberculosis  hospital 
in  and  for  such  county,  the  capacity  of  which  shall  not 
exceed  the  average  number  of  deaths  per  annum  from 
tuberculosis  in  such  county  during  the  past  five  years. 
For  such  purposes  the  state  commissioner  of  health 
shall  possess,  and  it  shall  be  his  duty  to  exercise  all  the 
powers  which  would  have  been  possessed  by  the  board 


County  Law  407 

of  supervisors  of  such  county,  had  such  hospital  been 
established    and   placed    in    operation   by   the   board   of 
supervisors  thereof.     All  expenditures  incurred  by  the  Expendi- 
state  commissioner  of  health  for  and  in  connection  with  tures 
the  location,  construction  and  operation  of  such  hospi- 
tal, shall  be  a  charge  upon  the  county,  and  provision 
shall  be  made  for  the  payment  therefor  by  the  board  of 
supervisors  of  such  county  in  the  same  manner  as  in  the 
case  of  other  charges  against  the  county.     At  any  time  Appoint- 
after  such  hospital  has  been  in  operation,  the  board  of  ™®"*  °ft 
supervisors    in    such    county   may   appoint   a   board    of  managers 
managers  for  such  hospital,  pursuant  to  the  provisions 
of  this   act  and  thirty  days   after  the  appointment  of 
such     board  of  managers  by  such  board  of  supervisors, 
such    hospital    shall    be    transferred   to    such   board    of 
managers,    and    such    board    of    managers    shall    there- 
after possess  and  exercise  all  the  powers  of  the  board 
of    managers    of    a    county    hospital    for    tuberculosis 
under  this   act,  and  the   state  commissioner  of  health 
shall  be  relieved  from  any  responsibility  therefor  except 
such    responsibility    as   he   exercises    in    regard    to    all 
county   tuberculosis   hospitals   under  the   provisions   of 
this    act. 

When  deemed  advisable  by  the  board  of  supervisors  Two  or 
and  approved  by  the  state  commissioner  of  health,  any  j^°^tal 
such  county  may  maintain  more  than  one  county  hospital 
for  the  care  and  treatment  of  persons  suffering  from  tuber- 
culosis.    The  board  of  supervisors  of  any  other  county  Estabiish- 
shall  have  power  by  a  majority  vote  to  establish  a  county  counties 
hospital  for  the  care  and  treatment  of  persons  suffering  less   than 
from  the  disease  known  as  tuberculosis;  or  it  may  sub- 
mit the  question  of  establishing  such  a  hospital  to  the 
voters   of  the   county  at   any  general   election,   and   in  Referen- 
any  county  in  which  town  meetings  at  which  all  the    um 
voters  of  the  county  may  vote  are  held  in  the  spring  of 
the  year,  the  board  of  supervisors  of  such  a  county  shall 
have  authority  also  to  submit  the  question  of  establish- 


The  Public  Health  Manual 


ing  such  a  hospital  at  said  town  meetings  to  the  electors 
of  the  county  who  are  qualified  to  vote  at  a  general 
election.  The  board  of  supervisors  shall  fix  the  sum  of 
money  deemed  necessary  for  the  establishment  of  said 
hospital.     The  form  of  the  proposition  submitted  shall 

read  as  follows :      "  Shall  the  county  of    

appropriate  the  sum  of dollars  for  the  estab- 
lishment of  a  tuberculosis  hospital  ? "  The  clerk  of  the 
board  of  supervisors,  immediately  upon  the  adoption 
of  such  resolution,  shall  forward  to  the  duly  consti- 
tuted election  authorities  of  the  county  a  certified  copy 
of  said  resolution  providing  for  the  submission  of  the 
proposition.  The  election  notices  shall  state  that  the 
proposition  will  be  voted  upon  and  in  the  form  set  forth 
above.  Such  proposition  shall  be  submitted  on  a  distinct 
and  separate  ballot  without  any  other  question  being 
printed  thereon,  any  general  or  special  law  to  the  con- 
trary notwithstanding.  Provision  for  taking  such  vote 
and  for  the  canvassing  and  returning  of  the  result  shall 
be  made  by  the  duly  constituted  election  authorities. 

If  a  majority  of  the  voters  voting  on  such  proposi- 
tion shall  vote  in  favor  thereof  then  such  hospital  shall 
be  established  hereunder  and  the  sum  of  money  named 
in  the  said  proposition  shall  be  deemed  appropriated, 
and  it  shall  be  the  duty  of  the  board  of  supervisors  to 
proceed  forthwith  to  exercise  the  powers  and  authority 
conferred  upon  it  in  this  section. 

When  the  board  of  supervisors  of  any  county  shall 
have  voted  to  establish  such  hospital,  or  when  a  ref- 
erendum on  the  proposition  of  establishing  such  a  hospi- 
tal in  a  county,  as  authorized  above,  shall  have  been 
carried,  the  board  of  supervisors  shall: 

1.  Purchase  or  lease  real  property  therefor,  or 
acquire  such  real  property,  and  easements  therein,  by 
condemnation  proceedings,  in  the  manner  prescribed 
by  the  condemnation  law,  in  any  town,  city  or  village 


County  Law  409 

in  the  county.  After  the  presentation  of  the  petition 
in  such  proceeding  prescribed  in  section  three  thousand 
three  hundred  and  sixty  of  the  code  of  civil  procedure 
and  the  filing  of  the  notice  of  pendency  of  action  pre- 
scribed in  section  three  thousand  three  hundred  and 
eighty-one  thereof,  said  board  of  supervisors  shall  be 
and  become  seized  of  the  whole  or  such  part  of  the 
real  property  described  in  said  petition  to  be  so  acquired 
for  carrying  into  effect  the  provisions  of  this  act,  as 
such  board  may,  by  resolution  adopted  at  a  regular  or 
special  session,  determine  to  be  necessary  for  the  im- 
mediate use,  and  such  board  for  and  in  the  name  of 
such  county  may  enter  upon,  occupy  and  use  such  real 
property  so  described  and  required  for  such  purposes. 
Such  resolution  shall  contain  a  description  of  the  real 
property  of  which  possession  is  to  be  taken  and  the 
day  upon  which  possession  will  be  taken.  Said  board 
of  supervisors  shall  cause  a  copy  of  such  resolution 
to  be  filed  in  the  county  clerk's  office  of  the  county  in 
which  such  property  is  situate,  and  notice  of  the  adop- 
tion thereof,  with  a  copy  of  the  resolution  and  of  its 
intention  to  take  possession  of  the  premises  therein 
described  on  a  day  certain,  also  therein  named,  to  be 
served,  either  personally  or  by  mail,  upon  the  owner 
or  owners  of,  and  persons  interested  in  such  real  prop- 
erty, at  least  five  days  prior  to  the  day  fixed  in  such 
resolution  for  taking  possession.  From  the  time  of 
the  service  of  such  notice,  the  entry  upon  and  appropri- 
ation by  the  county  of  the  real  property  therein  de- 
scribed for  the  purposes  provided  for  by  this  act,  shall 
be  deemed  complete,  and  such  notice  so  served  shall 
be  conclusive  evidence  of  such  entry  and  appropriation 
and  of  the  quantity  and  boundaries  of  the  lands  appro- 
priated. The  board  of  supervisors  may  cause  a  dupli- 
cate copy  of  such  papers  so  served,  with  an  affidavit 
of  due  service  thereof  on  such  owner  or  person  inter- 
ested, to  be  recorded  in  the  books  used  for  recording 


410 


Erection    of 

buildings, 
approval    of 
plans     for 
buildings 
and     equip- 
ment 


Taxes 


The  Public  Health  Manual 

deeds  in  the  office  of  the  county  clerk"  of  its  county  and 
the  record  of  such  notice  and  such  proof  of  service 
shall  be  prima  facie  evidence  of  the  due  service  there- 
of. Compensation  for  property  thus  acquired  shall  be 
made  in  such  condemnation  proceedings. 

2.  Erect  all  necessary  buildings  and  alter  any  build- 
ings, on  the  property  when  acquired  for  the  use  of  said 
hospital,  provided  that  the  location  of  the  buildings  and 
he  plans  and  such  part  of  the  specifications  as  shall 
be  required  by  the  state  commissioner  of  health  for 
such  erection  or  alteration  together  with  the  initial 
equipment  shall  first   be   approved   by   the    state   com 

Plans   shall   also  be  first  approved   by  the   state  com- 

ranr\°lhealth  ^  thG  «tate  "commissionei  Tf 
health  a,d  his  duly  authorized  representatives  shall 
have  the  power  to  inspect  such  county  hospitals  during 
the  course  of  their  construction  for  the  purpose  0f 
seeing  that  such  plans  are  complied  with,  "(A^d  £ 
U  1913,  ch.  279,  in  effect  April  28,  1913  ) 

3.  Cause    to   be   assessed,    levied    and    collected    such 

ZE  °h  ^°ney  ^  *  ShaH  dGem  neCessarF  for  stable 
lands  buildings  and  improvements  for  said  hospital, 
and  for  the  maintenance  thereof,  and  for  all  other 
necessary  expenditures  therefor;   and  to  borrow  money 

of\    H  T110?  °f  SUCh  h°Spital  and  f0r  the  P^hase 

iLf  \r  ^  °n  the  Credit  °f  the  count^  and  iBBue 
county  obligations  therefor,  in  such  manner  as  it  may 
do  for  other  county  purposes. 

ii^glf of  ffianagers  for  8aid  **&  » 

3.  Accept  and  hold  in  trust  for  the  county,  any 
grant  or  devise  of  land,  or  any  gift  or  bequest  of 
money  or  other  personal  property,  or  any  donation  to 
be^appl.ed,  principal  or  income,  or  both,  for  the  benefit 

•ASS&SZjiSh&JSi  P'  S27'  *****  «   °f  P*on-mad. 


County  Law  411 

of    said    hospital,    and    apply    the    same    in   accordance 
with  the  terms  of  the  gift. 

6.  Whenever  it  shall  deem  it  in  the  public  interest  Change   Cf 
so   to  do,   and   notwithstanding   the   provisions   of  any  i°cation 
other    general    or    special   act,    change    the    location    of 
such  hospital  and  acquire  a  new  site  by  purchase,  lease 
or    condemnation,    as    provided    in    this    section,    and 
establish   the  hospital   thereon.     The  board   of   super- 
visors of  any  county  of  the  state,  including  a  county 
in  which  the  provisions  of  this  chapter  are  not  manda- 
tory,   subject    to    the    approval    of    the    state    commis- 
sioner  of  health,  may  enter   into   a   contract   prior  to 
November  first,  nineteen  hundred  and  eighteen,  for  the  contract 
care    of    its    tuberculosis    patients    with    the    board    of  ^jo^ng 
supervisors  of  an  adjoining  county  having  such  county  county,   or 

.   ,  .  private 

hospital    or    with    a    private    sanatorium    withm    its  sanita- 
county,  or  may,  subject  to  like  approval,  jointly  with  rmm 
the  boards  or  supervisors  of  one  or  more  other  adjoin- 
ing counties,  establish  prior  to  November  first,  nineteen 
hundred    and    eighteen,    and    thereafter   maintain    such 
county    hospital.      In    the    establishment    and    mainte- 
nance of  such  joint  county  hospital,  the  boards  of  super- 
visors  so  uniting,   in   accordance  with   such   rules   and 
regulations  as  may  be  prescribed  by  the  state  commis- 
sioner of  health,  shall  have  jointly,  except  as  provided 
in  this  section,  all  the  power  and  authority  conferred 
and  obligations  imposed  upon  boards  of  supervisors  by 
this  chapter  for  the  establishment  and  maintenance  of 
such  county  hospital  in  a  single  county  and,  for  that 
purpose,    each    board    of    supervisors    in    such    county 
shall  appoint  severally  three  of  its  members,  who  col- 
lectively shall  be  a  commission,  to  select  a  site  for  such  commis- 
joint  county  hospital  in  any  town,  city  or  village  in  one  seiectiorT 
of  such  counties  and,  when  the  necessary  real  property  of  joint 
so  selected  by  such  commission  shall  have  been  acquired,  hospital 
purchased    or   leased    as   herein    provided,    to   erect    all 
necessary  buildings,   and   alter  any  buildings,   on  such 


412  The  Public  Health  Manual 

Joiut  property    for    the    use    of    such    joint    hospital.      Such 

hospital  commission  shall  have  all  the  powers  and  duties  con- 
ferred or  imposed  upon  boards  of  supervisors  by 
sections  forty-five  to  forty-nine  inclusive  of  this 
chapter,  except  as  in  this  section  expressly  otherwise 
provided.  Every  such  joint  county  hospital  shall  be 
completed  and  ready  for  occupancy  prior  to  July  first, 
Board  of  nineteen  hundred  and  nineteen.  When  completed,  each 
managers  board  of  supervisors  in  such  counties  shall  appoint 
hospital  severally  three  citizens  of  its  county,  of  whom  at  least 
one  shall  be  a  practicing  physician,  who  collectively 
shall  constitute  a  board  of  managers  of  such  joint 
county  hospital  and  shall  exercise  the  functions  and 
powers  granted  and  be  subject,  so  far  as  practicable,  to 
the  provisions  of  this  chapter  applicable  to  boards  of 
managers  of  a  county  hospital  established  under  this 
chapter  in  a  single  county  and  said  board  of  managers 
Nurse  fo:-  shall  appoint  at  least  one  nurse  in  each  county  for  the 
discovery,  visitation  and  care  of  persons  affected  with 
tuberculosis  and  may  appoint  such  additional  nurse  or 
nurses  as  it  may  deem  necessary.  The  representation 
and  voting  power  of  each  manager  in  such  joint  board 
shall  be  upon  the  basis  and  at  the  rate  of  one  vote  for 
each  one  thousand  and  major  fraction  of  the  population 
of  the  county  from  which  such  manager  shall  be  chosen 
as  determined  by  the  latest  state  census.  The  superin- 
tendent appointed  by  such  board  shall  have  the  powers 
and  perform  the  duties  which  are  prescribed  in  this 
chapter  for  superintendents  of  hospitals  in  a  single 
county  and  the  other  employees  of  such  board  shall 
Expense  perform  such  duties  as  the  board  shall  prescribe.  The 
expense  of  the  establishment  and  maintenance  of  a 
joint  county  hospital  as  herein  provided  shall  be  paid 
by  such  counties  in  proportion  to  the  assessed  value 
of  the  taxable  property  of  each  such  county  as  it 
appears  by  the  assessment  rolls  of  such  counties  on  the 
last  assessment  for  state  or  county  taxes  prior  to  the 


each 
county 


estab 
lishment 


County  Law  413 

incurring  of  such  expense  and  the  board  of  supervisors 
of  each  county  so  combining,  is  hereby  authorized  to 
borrow  money  to  defray  its  share,  estimated  as  herein Borrow- 
provided,  for  the  erection  of  such  hospital  and  for 
the  purchase  of  a  site  therefor  on  the  credit  of  the 
county  and  issue  county  obligations  therefor  in  such 
manner  as  it  may  do  for  other  county  purposes.  All 
provisions  of  sections  forty-five  to  forty-nine  inclusive 
of  this  chapter  not  in  conflict  with  the  provisions  of 
this  section  shall  apply  to  such  joint  hospital,  its 
establishment,  maintenance  and  operation,  except  that 
for  the  purpose  of  the  admission  of  patients  to  such 
hospital  each  of  the  counties  so  combining  shall  be  con- 
sidered the  county  in  which  the  hospital  is  situated. 
(Added  by  L.  1915,  ch.  427,  am'd  by  L.  1918,  ch.  268, 
in  effect  April  19,  1918.) 

§  2.  The  amendments  made  by  this  act  shall  not 
apply  to  counties  in  which  a  site  for  a  tuberculosis 
hospital  has  been  selected  by  any  county  and  a  petition 
for  the  approval  of  such  site  has  been  presented  to  the 
state  board  of  health  pursuant  to  the  provisions  of 
this  chapter.  (Section  added  by  L.  1909,  ch.  341,  am'd 
by  L.  1913,  chs.  166,  379;  L.  1914,  ch.  323;  L.  1915,  chs. 
132,  427;  L.  1917,  ch.  469,  and  L.  1918,  ch.  268,  in  effect 
April   19,   1918.) 

§  46.  Appointment  and  terms  of  office  of  managers.  Board  of 
When  the  board  of  supervisors  shall  have  determined managers 
to  establish  a  hospital  for  the  care  and  treatment  of 
persons  suffering  from  tuberculosis,  and  shall  have  ac- 
quired a  site  therefor,  and  shall  have  awarded  contracts 
for  the  necessary  buildings  and  improvements  thereon, 
it  shall  appoint  five  citizens  of  the  county,  of  whom 
at  least  two  shall  be  practicing  physicians,  who  shall 
constitute  a  board  of  managers  of  the  said'  hospital. 
The  term  of  office  of  each  member  of  said  board  shall 
be  five  years,  and  the  term  of  one   of   such  managers 


414  The  Public  Health  Manual 

shall  expire  annually;  the  first  appointments  shall  be 
made  for  the  respective  terms  of  five,  four,  three,  two 
and  one  years.  Appointments  of  successors  shall  be  for 
the  full  term  of  five  years,  except  that  appointment 
of  persons  to  fill  vacancies  occurring  by  death,  resigna- 
tion or  other  cause  shall  be  made  for  the  unexpired 
term.  Failure  of  any  manager  to  attend  three  con- 
secutive meetings  of  the  board  shall  cause  a  vacancy 
in  his  office,  unless  said  absence  is  excused  by  formal 
action  of  the  board  of  managers.  The  managers  shall 
receive  no  compensation  for  their  services,  but  shall  be 
allowed  their  actual  and  necessary  traveling  and  other 
expenses,  to  be  audited  and  paid,  in  the  same  manner 
as  the  other  expenses  of  the  hospital,  by  the  board  of 
supervisors.  Any  manager  may  at  any  time  be  re- 
Removal  moved  from  office  by  the  board  of  supervisors  of  the 
of   manager  countVj    for    cause  after   an    opportunity   to   be   heard. 

(Added  by  L.   1909,  ch.   341.) 
FuDerin-  §  47 '.  General  powers  and  duties  of  managers.     The 

tendcnt         board  of  managers :    1.  Shall  elect  from  among  its  mem- 

of     hospital  &  f 

bers,  a  president  and  one  or  more  vice-presidents.     It 

shall  appoint  a  superintendent  of  the  hospital  who  shall 

be  also  the  treasurer  and  secretary  of  the  board,  and 

Removal       it  may   remove   him   for   cause   stated   in   writing   and 

or    sus-        after  an  opportunity  to  be  heard  thereon  after  due  no- 

pension  rr  ^ 

tice;  and  may  suspend  him  from  duty  pending  the  dis- 

Quaiifica-      position  of  such  charges.     Said  superintendent  shall  not 

tions  De  a  memDer  of  the  board  of  managers,  and,  except  in 

the    county    of    Monroe,    shall    be    a    graduate    of    an 

incorporated  medical  college,  with  an  experience  of  at 

least  three  years  in  the  actual  practice  of  his  profession. 

(Subd.  am'd  by  L.  1915,  ch.  132,  and  L.  1917,  ch.  701, 

in  effect  June  1,  1917.) 

a  ,    ,  2.  Shall  fix  the  salaries  of  the  superintendent  and  all 

Salaries  r 

other   officers  and  employees   within   the  limits   of  the 
appropriation    made    therefor    by    the    board    of    super- 


County  Law  415 

visors,  and  such  salaries  shall  be  compensation  in  full 
for  all  services  rendered.  The  board  of  managers  shall 
determine  the  amount  of-  time  required  to  be  spent  at 
the  hospital  by  said  superintendent  in  the  discharge  of 
his  duties. 

3.  Shall  have  the  general  superintendence,  manage- 
ment and  control  of  the  said  hospital,  of  the  grounds, 
buildings,  officers  and  employees  thereof;  of  the  inmates 
therein,  and  of  all  matters  relating  to  the  government, 
discipline,    contracts,    and    fiscal   concerns  thereof;    and 

make  such  rules  and  regulations  as  may  seem  to  them  Rules    and 
necessary  for  carrying  out  the  purposes  of  such  hospital.  [f0SnSa 

4.  Shall  maintain  an  effective  inspection  of  said  hos-  inspec- 
pital,  and  keep  itself  informed  of  the  affairs  and  man-  tl0U 
agement  thereof;    shall   meet  at   the  hospital   at   least  Meetings 
once  in  every  month,  and  at  such  other  times  as  may  of    boarl 
be  prescribed  in  the  by-laws;   and  shall  hold  its  annual  Annual 
meeting   at  least  three  weeks  prior  to   the  meeting   of  me      a 
the   board   of   supervisors   at  which   appropriations   for 

the  ensuing  year  are  to  be  considered. 

5.  Shall  keep  in  a  book  provided  for  that  purpose,  a  Record    of 
proper   record   of   its  proceedings  which   shall   be   open  \^csee 

at  all  times  to  the  inspection  of  its  members,  to  the 
members  of  the  board  of  supervisors  of  the  county,  and 
to  duly  authorized  representatives  of  the  state  board 
of  charities. 

6.  Shall  certifv  all  bills  and  accounts  including  sal-  Certify    to 

J  .  ••>•;  board    of 

aries  and  wages  and  transmit  them  to  the  board  of  super- 
supervisors  of  the  county,  who  shall  provide  for  their 
payment  in  the  same  manner  as  other  charges  against 
the  county  are  paid.  The  board  of  supervisors  of  a 
county  not  having  a  purchasing  agent  or  auditing  com- 
mission may  make  an  appropriation  for  the  maintenance 
of  such  hospital  and  direct  the  county  treasurer  to 
pay  all  bills,  accounts,  salaries  and  wages  which  are 
approved  by  the  board  of  managers,  within  the  amount 
of   such   appropriation,   subject  to   such   regulations   as 


416 


The  Public  Health  Manual 


Annual 
report      to 
super- 
visors 


Esti- 
mates   of 
appropri- 
ations 


Addi- 
tional 
buildings 
and 

improve- 
ments 


Approval 
by    state 
commis- 
sioner   of 
health 


Inspection 
during 
construc- 
tion 


Nurses 
for     dis- 
covery 
and 

examina- 
tion of 
suspected 
cases 


to  the  payment  and  audit  thereof  as  the  board  of  super- 
visors may  deem  proper.  (Siibd.  am'd  by  L.  1913,  ch. 
40.) 

7.  Shall  make  to  the  board  of  supervisors  of  the 
county  annually,  at  such  time  as  said  supervisors  shall 
direct,  a  detailed  report  of  the  operations  of  the  hos- 
pital during  the  year,  the  number  of  patients  received, 
the  methods  and  results  of  their  treatment,  together 
with  suitable  recommendations  and  such  other  matter 
as  may  be  required  of  them,  and  full  and  detailed  esti- 
mates of  the  appropriations  required  during  the  ensuing 
year  for  all  purposes  including  maintenance,  the  erec- 
tion of  buildings,  repairs,  renewals,  extensions,  im- 
provements, betterments  or  other  necessary  purposes. 

8.  Shall  notwithstanding  any  other  general  or  special 
law  erect  all  additional  buildings  found  necessary  after 
the  hospital  has  been  placed  in  operation  and  make 
all  necessary  improvements  and  repairs  within  the 
limits  of  the  appropriations  made  therefor  by  the  board 
of  supervisors,  provided  that  the  location  of  the  build- 
ings and  the  plans  and  such  part  of  the  specifications 
as  shall  be  required  by  the  state  commissioner  of  health 
for  such  additional  buildings,  improvements  or  repairs 
shall  first  be  approved  by  the  state  commissioner  of 
health.  Any  change  in  such  location  or  plans  shall  also 
be  first  approved  by  the  state  commissioner  of  health  and 
the  state  commisioner  of  health  and  his  duly  author- 
ized representatives  shall  have  the  power  to  inspect 
such  county  hospitals  during  the  course  of  the  con- 
struction of  such  additional  building  for  the  purpose 
of  seeing  that  such  plans  are  complied  with.  (Subd. 
added  by  L.  1913,  ch.  379,  am'd  by  L.  1917,  ch.  469, 
in  effect  May  15,  1917.) 

9.  Shall  employ  a  county  nurse,  or  an  additional 
nurse  or  nurses  if  it  deems  necessary,  for  the 
discovery  of  tuberculosis  cases  and  for  the  visita- 
tion    of     such     cases     and     of     patients     discharged 


County  Law  417 

from  the  hospital  and  for  such  other  duties  as  may  seem 
appropriate;  and  shall  cause  to  be  examined  by  the 
superintendent  or  one  of  his  medical  staff  suspected 
cases  of  tuberculosis  reported  to  it  by  the  county  nurse, 
or  nurses,  or  by  physicians,  teachers,  employers,  heads 
of  families  or  others;  and  it  may  take  such  other  steps 
for  the  care,  treatment  and  prevention  of  tuberculosis 
as  it  may  from  time  to  time  deem  wise.  In  cases,  how- 
ever, where  it  is  not  mandatory  to  establish  a  county 
tuberculosis  hospital  and  no  board  of  managers  has 
been  provided,  the  board  of  supervisors  shall  have  the  Supervis- 
power  to  appoint  and  employ  such  nurse  or  additional  appoint 
nurse  or  nurses,  and  appointments  heretofore  made  by  nurses 
boards  of  supervisors  in  such  cases  are  hereby  ratified, 
confirmed  and  legalized.  (Subd.  added  by  L.  1914,  ch. 
323,  arn'd  by  L.  1917,  ch.  469,  and  L.  1918,  ch.  284,  in 
effect  April  19,  1918.) 

§  48.  General  powers  and  duties   of   superintendent,  superin- 
The  superintendent  shall  be  the  chief  executive  officer  the  execu- 
of    the    hospital    and    subject    to    the    by-laws,    rules  o^ho?^ 
and  regulations  thereof,  and  to  the  powers  of  the  board  pitai 
of  managers: 

1.  Shall   equip   the   hospital   with   all   necessary   fur-  Equip- 
niture,   appliances,  fixtures  and  other  needed  facilities 

for  the  care  and  treatment  of  patients  and  for  the  use 
of  officers  and  employees  thereof,  and  shall  in  counties 
where  there  is  no  purchasing  agent  purchase  all  neces- 
sary   supplies.f 

2.  Shall  have  general  supervision  and  control  of  the  General 

°  r  super- 

records,    accounts,    and   buildings    of    the   hospital    and  vision  and 

all  internal  affairs,  and  maintain  discipline  therein,  and  hospital 
enforce    compliance    with,    and    obedience    to    all    rules, 
by-laws  and  regulations  adopted  by  the  board  of  man- 
agers  for   the  government,   discipline   and   management 

tSee  Prison   Law,    §  182,    p.  527,    requiring   use    of   prison-made 
articles  for  county  institutions 
14 


418 


The  Public  Health  Manual 


Appoint 
and    dis- 
charge 
employees 


Records 

and 

accounts 


Admission 
of  patients 


of  said  hospital,  and  the  employees  and  inmates  thereof. 
He  shall  make  such  further  rules,  regulations  and  orders 
as  he  may  deem  necessary,  not  inconsistent  with  law, 
or  with  the  rules,  regulations  and  directions  of  the 
board  of  managers. 

3.  Shall  appoint  such  resident  officers  and  such  em- 
ployees as  he  may  think  proper  and  necessary  for  the 
efficient  performance  of  the  business  of  the  hospital, 
and  prescribe  their  duties;  and  for  cause  stated  in 
writing,  after  an  opportunity  to  be  heard,  discharge 
any  such  officer  or  employee  at  his  discretion. 

4.  Shall  cause  proper  accounts  and  records  of  the 
business  and  operations  of  the  hospitals  to  be  kept 
regularly  from  day  to  day,  in  books  and  on  records 
provided  for  that  purpose;  and  see  that  such  accounts 
and  records  are  correctly  made  up  for  the  annual  report 
to  the  board  of  supervisors,  as  required  by  subdivision 
seven  of  section  forty-seven  of  this  chapter,  and  present 
the  same  to  the  board  of  managers,  who  shall  incor- 
porate them  in  their  report  to  the  said  supervisors. 

5.  Shall    receive    into    the   hospital    in    the   order    of 
application    any    person    found    to    be    suffering    from 
tuberculosis  in  any  form  who  is  entitled  to  admission 
thereto  under  the  provisions  of  this  chapter,  excepting 
that  if  at  any  time  there  be  more  applications  for  admis- 
sion to  said  hospital  than  there  are  vacant  beds  therein, 
said  superintendent  shall  give  preference  in  the  admis- 
sion of  patients  to  those  who  in  his  judgment,  after 
an  inquiry  as  to  the  facts  and  circumstances,  are  more 
likely  to  infect  members  of  their  households  and  others, 
in  each   instance   signing   and  placing  among  the   per- 
manent records  of  the  hospital  a  statement  of  the  facts 
and  circumstances  upon  which  he  bases  his  judgment 
as    to    the    likelihood    of    transmitting    infection,    and 
reporting   each    instance    at   the   next   meeting   of   the 
board  of  managers;  and  shall  also  receive  persons  from 
other  counties  as  hereinafter  provided.     Said  superin- 


County  Law  419 

tendent  shall  cause  to  be  kept  proper  accounts  and 
records  of  the  admission  of  all  patients,  their  name, 
age,  sex,  color,  marital  condition,  residence,  occupation 
and  place  of  last  employment.  (Subd.  added  by  L. 
1909,  ch.  341,  am'd  by  L.  1912,  chs.  149  and  239,  L.  1913, 
ch.  379,  and  L.  1915,  ch.  132.) 

6.  Shall  cause  a  careful  examination  to  be  made  of  Examma- 
the  physical  condition   of   all  persons  admitted  to  the  treatment 
hospital   and   provide   for   the   treatment   of    each   such  c'f    patients 
patient  according  to  his  need;  and  shall  cause  a  record 

to  be  kept  of  the  condition  of  each  patient  when  ad- 
mitted, and  from  time  to  time  thereafter. 

7.  Shall  discharge  from  said  hospital  any  patient  who  Discharge 
shall  wilfully   or  habitually  violate  the   rules  thereof;  patients 
or  who  is   found  not  to  have  tuberculosis;    or  who  is 

found  to  have  recovered  therefrom;  or  who  for  any 
other  reason  is  no  longer  a  suitable  patient  for  treat- 
ment therein;  and  shall  make  a  full  report  thereof  at 
the  next  meeting  of  the  board  of  managers. 

8.  Shall  collect  and  receive  all  moneys  due  the  hos-  collection 
pital,  keep  an  accurate  account  of  the  same,  report  the 

same  at  the  monthly  meeting  of  the  board  of  managers, 
and  transmit  the  same  to  the  treasurer  of  the  county 
within  ten  days  after  such  meeting. 

9.  Shall   before    entering   upon   the   discharge   of  his  superin- 

°        x  X      £  tendent     to 

duties,  give  a  bond  in  such  sum  as  the  board  of  man-  give  bond 
agers  may  determine,  to  secure  the  faithful  performance 
of  such  duties.     (Subd.  added  by  L,  1909,  ch.  341.) 

10..  May    attend    such   courses   in   the   diagnosis    and  ^^jj" 
treatment  of  tuberculosis   and  in  hospital  administra-  may 
tion  at  the  state  hospital  for  the  treatment  of  incipient  courses 
pulmonary  tuberculosis  at  Eaybrook  as  may  be  estab-  ^oo^ay" 
lished  and  which  he  may  be  authorized  to  attend  by  the 
board  of  managers  of  his  hospital.     The  necessary  ex-  ^county 
penses  in  traveling  to  and  from  the  said  state  hospital  charge 
for  the  treatment  of  incipient  pulmonary  tuberculosis  at 
Raybrook  for  the  purpose  of  taking  such  courses  shall 


420 


The  Public  Health  Manual 


Admission 
of   patients 
from 
county 
in  which 


be  a  county  charge.      (Subd.  added  by  L.  1917,  ch.  469, 
in  effect  May  15,  1917.) 

(Section  added  by  L.  1909,  ch.  341,  am'd  by  L.  1912, 
chs.  149,  239,  L.  1913,  ch.  379,  L.  1915,  ch.  132,  and 
L.  1917,  ch.  469,  in  effect  May  15,  1917.) 

§  49.  Admission  of  patients  from  county  in  which 
hospital  is  situated.*  Any  resident  of  the  county  in 
which  the  hospital  is  situated  desiring  treatment  in 
hospital  is  such  hospital,  may  apply  in  person  to  the  superintend- 
ent or  to  any  reputable  physician  for  examination,  and 
such  physician,  if  he  find  that  said  person  is  suffering 
from  tuberculosis  in  any  form,  may  apply  to  the 
superintendent  of  the  hospital  for  his  admission.  Blank 
forms  for  such  applications  shall  be  provided  by  the 
hospital,  and  shall  be  forwarded  by  the  superintendent 
thereof  gratuitously  to  any  reputable  physician  in  the 
county,  upon  request.  So  far  as  practicable,  appli- 
cations for  admission  to  the  hospital  shall  be  made 
upon  such  forms.  The  superintendent  of  the  hospital, 
upon  the  receipt  of  such  application,  if  it  appears  there- 
from that  the  patient  is  suffering  from  tuberculosis, 
and  if  there  be  a  vacancy  in  the  said  hospital,  shall 
notify  the  person  named  in  such  application  to  appear 
in  person  at  the  hospital.  If,  upon  personal  exami- 
nation of  such  patient,  or  of  any  patient  applying  in 
person  for  admission,  the  superintendent  is  satisfied 
that  such  person  is  suffering  from  tuberculosis,  he  shall 
admit  him  to  the  hospital  as  a  patient.  All  such  ap- 
plications shall  state  whether,  in  the  judgment  of  the 
physician,  the  person  is  able  to  pay  in  whole  or  in 
part  for  his  care  and  treatment  while  at  the  hospital; 
and  every  application  shall  be  filed  and  recorded  in  a 
book  kept  for  that  purpose  in  the  order  of  their  receipt. 
When  said  hospital  is  completed  and  ready  for  the 
treatment  of  patients,  or  whenever  thereafter  there  are 


*  See  State  Charities  Law,  §  157,  subd.  10,  p.  527 


County  Law  421 

vacancies  therein,  admissions  to  said  hospital  shall  be 
made  in  the  order  in  which  the  names  of  applicants 
shall  appear  upon  the  application  book  to  be  kept  as 
above  provided,  in  so  far  as  such  applicants  are  cer- 
tified to  by  the  superintendent  to  be  suffering  from 
tuberculosis.  No  discrimination  shall  be  made  in  the 
accommodation,  care  or  treatment  of  any  patient  be- 
cause of  the  fact  that  the  patient  or  his  relatives  con- 
tribute to  the  cost  of  his  maintenance  in  whole  or  in 
part,  and  no  patient  shall  be  permitted  to  pay  for  his 
maintenance  in  such  hospital  a  greater  sum  than  the 
average  per  capita  cost  of  maintenance  therein,  in- 
cluding a  reasonable  allowance  for  the  interest  on  the 
cost  of  the  hospital;  and  no  officer  or  employee  of  such 
hospital  shall  accept  from  any  patient  thereof  any  fee, 
payment  or  gratuity  whatsoever  for  his  services. 
(Added  by  L.   1909,  ch.  341.) 

§  49-a   Maintenance    of    patients    in   the    county   in  Malnten. 
which  hospital  is  situated.    Wherever  a  patient  has  been  a^?ent°sfin 
admitted  to  said  hospital  from  the  county  in  which  the  county    in 
hospital  is  situated,  the  superintendent  shall  cause  such  J^"}1^    ia 
inquiry  to  be  made  as  he  may  deem  necessary,  as  to  his  situated 
circumstances,    and    of    the    relatives    of    such    patient 
legally   liable   for   his   support.     If   he   find  that   such, 
patient,  or  said  relatives  are  able  to  pay  for  his  care 
and  treatment  in  whole  or  in  part,  an  order  shall  be 
made  directing   such  patient,   or   said  relatives  to  pay 
to  the  treasurer  of  such  hospital  for  the  support  of  such 
patient  a  specified  sum  per  week,  in  proportion  to  their 
financial    ability,    but    such    sum    shall   not   exceed   the 
actual  per  capita  cost  of  maintenance.     The  superinten- 
dent shall  have  the  same  power  and  authority  to  collect 
such  sum  from  the  estate  of  the  patient,  or  his  relatives 
legally  liable,   for   his   support,   as   is   possessed  by   an 
overseer    of    the    poor    in    like    circumstances.      If    the 
superintendent  find  that  such  patient,  or  said  relatives 
are  not  able  to  pay,  either  in  whole  or  in  part,  for  his 


422 


The  Public  Health  Manual 


Mainte- 
nance  of 
indigent 
patients, 
county 
charge 
(see    §    30 
Poor   Law) 


Indigent 
patient 
who    has 
not 

acquired 
settlement 
in    county 
(see    §§    40- 
42    Poor 
Law) 

Admission 
of   patients 
from 
counties 
not    having 
hospital 


Applica- 
tion   to 
superin- 
tendent   of 
poor 


care  and  treatment  in  such  hospital,  the  same  shall 
become  a  charge  upon  the  county.  When  any  indigent 
patient  shall  have  been  admitted  to  any  such  hospital 
as  a  resident  of  the  county  in  which  the  hospital  is 
located,  and  it  shall  be  found  that  such  patient  has  not 
acquired  a  settlement  within  such  county  under  the 
provisions  of  the  poor  law,  the  superintendent  of  such 
hospital  shall  collect  from  the  county  in  which  such 
patient  has  a  settlement  the  cost  of  his  maintenance 
in  such  hospital,  or  may  in  his  discretion  return  such 
patient  to  the  locality  in  which  he  has  a  settlement. 
(Added  by  L.  1909,  ch.  341,  amended  by  L.  1912,  chs.  149 
and  239,  and  L.  1913,  ch.  379.) 

§  49-b  Admission  of  patients  from  counties  not  hav- 
ing a  hospital.  In  any  county  not  having  a  county 
hospital  for  the  care  and  treatment  of  persons  suffering 
from  tuberculosis,  a  county  superintendent  of  the  poor, 
upon  the  receipt  of  the  application  and  certificate 
hereinafter  provided  for,  shall  apply  to  the  superinten- 
dent of  any  such  hospital  established  by  any  other 
county,  for  the  admission  of  such  patient.  Any  person 
residing  in  a  county  in  which  there  is  no  such  hospital, 
who  desires  to  receive  treatment  in  such  a  hospital,  may 
apply  therefor  in  writing  to  the  superintendent  of  the 
poor  of  the  county  in  which  he  resides  on  a  blank  to 
be  provided  by  said  superintendent  for  that  purpose, 
submitting  with  such  application  a  written  certificate 
signed  by  a  reputable  physician  on  a  blank  to  be  pro- 
vided by  the  superintendent  of  the  poor  for  such  pur- 
pose, stating  that  such  physician  has,  within  the  ten 
days  then  next  preceding,  examined  such  person,  and 
that,  in  his  judgment,  such  person  is  suffering  from 
tuberculosis.  The  superintendent  of  the  poor,  on  receipt 
of  such  application  and  certificate,  shall  forward  the 
same  to  the  superintendent  of  any  hospital  for  the 
care  and  treatment  of  tuberculosis.  If  such  patient  be 
accepted   by   such   hospital,   the   superintendent   of   the 


County  Law  423 

poor  shall  provide  for  his  transportation  thereto,  and  Transpor- 
ter his  maintenance  therein  at  a  rate  to  be  fixed  as  here-  n^!nte-and 
inafter  provided.     (Added  by  L.  1909!,  ch.  341,  amended  nance 
by  L.  1917,  ch.  469,  in  effect  May  15,  1917.) 

§  49-c.  Maintenance  of  patients  from  counties  not  Mainte- 
having  a  hospital.  Whenever  the  superintendent  of  such  pa°ients 
a  county  hospital,  shall  receive  from  a  superintendent  of  from 

.,*■■,  .  counties 

the  poor  of  any  other  county  an  application  for  the  ad-  not  having 
mission  of  a  patient,  if  it  appear  from  such  application  a    " ospi  a 
that  the   person  therein   referred  to   is   suffering   from 
tuberculosis,  the   superintendent  shall  notify   said  per- 
son   to    appear    in    person    at    the    hospital,    provided 
there  be  a  vacancy  in  such  hospital  and  there  be  no 
pending    application    from    a    patient    residing    in    the 
county  in  which  the  hospital  is  located.     If,  upon  per- 
sonal examination  of  the  patient,  the  superintendent  is 
satisfied  that  such  patient  is  suffering  from  tuberculosis, 
he  shall  admit  him  to  the  hospital.     Every  patient  so%Mainte. 
admitted  shall  be  a  charge  against  the  county  sending  nance 

'  j   charge 

such  patient,  at  a  rate  to  be  fixed  by  the  board  of  upon 
managers,  which  shall  not  exceed  the  per  capita  cost  county 
of  maintenance  therein,  including  a  reasonable  allow- 
ance for  interest  on  the  costs  of  the  hospital;  and  the 
bill  therefor  shall,  when  verified  by  the  superintendent 
of  the  poor  of  the  county  from  which  said  patient  was 
sent,  be  audited  and  paid  by  the  board  of  supervisors 
of  the  said  county.  The  said  superintendent  of  the 
poor  shall  cause  an  investigation  to  be  made  into  the 
circumstances  of  such  patient,  and  of  his  relatives 
legally  liable  for  his  support,  and  shall  have  the  same 
authority  as  an  overseer  of  the  poor  in  like  circum- 
stances to  collect  therefrom,  in  whole  or  in  part,  ac- 
cording to  their  financial  ability,  the  cost  of  the  main- 
tenance of  such  person  in  said  hospital.      (Added  by  L. 

1909,    Ch.    341.)  •  Visitation 

and   m- 


§  49-d.  Visitation  and  inspection.    The  resident  officer  spection 

by    i 
gers 


of   the  hospital    shall   admit  the   managers    into   every 


424 


The  Public  Health  Manual 


Right    of 
inspection 
by   State 
Board   of 
Charities, 
State  De- 
partment 
of    Health, 
State 
Charities 
Aid    Asso- 
ciation 
and     board 
of   super- 
visors 


Hospitals 
at  alms- 
houses 


Hospital 

not  to  be 

erected 

upon 

grounds 

of    an 

almshouse 


part  of  the  hospital  and  the  premises  and  give  them 
access  on  demand  to  all  books,  papers,  accounts  and 
records  pertaining  to  the  hospital  and  shall  furnish 
copies,  abstracts  and  reports  whenever  required  by 
them.  All  hospitals  established  or  maintained  under 
the  provisions  of  sections  forty-five  to  forty-nine-e, 
inclusive,  of  this  chapter,  shall  be  subject  to  inspec- 
tion by  any  duly  authorized  representative  of  the 
state  board  of  charities,  of  the  state  department  of 
health,  of  the  state  charities  aid  association  and  of  the 
board  of  supervisors  of  the  county;  and  the  resident 
officers  shall  admit  such  representatives  into  every  part 
of  the  hospital  and  its  buildings,  and  give  them  access 
on  demand  to  all  records,  reports,  books,  papers  and 
accounts  pertaining  to  the  hospital.  (Added  by  L. 
1909,  ch.  341.) 

§  49-e.  Hospitals  at  almshouses.  Wherever  a  hospital 
'  for  the  care  and  treatment  of  persons  suffering  from 
tuberculosis  exists  in  connection  with,  or  on  the 
grounds  of  a  county  almshouse,  the  board  of  super- 
visors may,  after  sections  forty-five  to  forty-nine-e  of 
this  chapter  take  effect,  appoint  a  board  of  managers 
for  such  hospital  and  such  hospital,  and  its  board 
of  managers,  shall  thereafter  be  subject  to  all  the 
provisions  of  this  act,  in  like  manner  as  if  it  had 
been  originally  established  hereunder.  Any  hospital  for 
the  care  and  treatment  of  tuberculosis  which  may  here- 
after be  established  by  any  board  of  supervisors  shall 
be  subject  to  all  the  provisions  of  said  sections.  Xo 
hospital  authorized  under  the  provisions  of  this  chapter 
shall  hereafter  be  located  on  the  grounds  of  an  alms- 
house. (Added  by  L.  1909,  ch.  341,  am'd  by  L.  1913, 
ch.  379.) 

ARTICLE    X 

§  191.  Coroners'  salaries.  Board  of  supervisors  may 
prescribe  a  salary  for  coroners  in  county  instead  of 
fees. 

§  192.  Fees  of  coroners. 


Domestic  Relations  Law  425 

DISPENSARIES 

Defined.  State  Charities  Law,  §  350.  Licensing, 
State  Charities  Law,  §§  290-293. 

DOMESTIC  RELATIONS  LAW 

(L.   1909,  ch.   19,   constituting  ch.   14  of  Cons.  Laws) 

ARTICLE   II 

Marriages 
Section  5.  Incestuous  and  void  marriages. 

6.  Void  marriages. 

7.  Voidable  marriages. 

8.  Marriage  after  divorce  for  adultery. 

§   5.  Incestuous  and  void  marriages.     A  marriage  is 
incestuous   and  void   whether   the   relatives   are  legiti-  and  void 
mate  or  illegitimate  between  either: 

1.  An  ancestor  and  a  descendant. 

2.  A  brother  and  sister  of  either  the  whole  or  the 
half  blood. 

3.  An  uncle  and  niece  or  an  aunt  and  nephew. 

If  a  marriage  prohibited  by  the  foregoing  provisions 
of  this  section  be  solemnized  it  shall  be  void,  and  the 
parties  thereto  shall  each  be  fined  not  less  than  fifty 
nor  more  than  one  hundred  dollars  and  may,  in  the 
discretion  of  the  court  in  addition  to  said  fine,  be 
imprisoned  for  a  term  not  exceeding  six  months.  Any 
person  who  shall  knowingly  and  wilfully  solemnize  such 
marriage  or  procure  or  aid  in  the  solemnization  of  the 
same,  shall  be  deemed  guilty  of  a  misdemeanor  and 
shall  be  fined  or  imprisoned  in  like  manner. 

§  6.  Void  marriages.     A  marriage  is  absolutely  void  Void 
if  contracted  by  a  person  whose  husband  or  wife  by  a  marnag8S' 
former  marriage  is  living,  unless  either: 

1.  Such  former  marriage  has  been  annulled  or  has 
been  dissolved  for  a  cause  other  than  the  adultery  of 
such   person;    provided,   that   if   such   former  marriage 


426 


The  Public  Health  Manual 


Voidable 
marriages 


Marriage 

after 

divorce 

for 

adultery 


has  been  dissolved  for  the  cause  of  the  adultery  of 
such  person,  he  or  she  may  marry  again  in  the  cases 
provided  for  in  section  eight  of  this  chapter  and  such 
subsequent  marriage   shall  be  valid; 

2.  Such  former  husband  or  wife  has  been  finally  sen- 
tenced to  imprisonment  for  life; 

3.  Such  former  husband  or  wife  has  absented  him- 
self or  herself  for  five  successive  years  then  last  past 
without  being  known  to  such  person  to  be  living  dur- 
ing that  time.     (Amended  by  L.  1915,  ch.  266.) 

§  7.  Voidable  marriages.  A  marriage  is  void  from  the 
time  its  nullity  is  declared  by  a  court  of  competent 
jurisdiction  if  either  party  thereto: 

1.  Is  under  the  age  of  legal  consent,  which  is  eigh- 
teen years; 

2.  Is  incapable  of  consenting  to  a  marriage  for  want 
of  understanding; 

3.  Is  incapable  of  entering  into  the  married  state 
from  physical  cause; 

4.  Consents  to  such  marriage  by  reason  of  force, 
duress  or  fraud; 

5.  Has  a  husband  or  a  wife  by  a  former  marriage 
living,  and  such  former  husband  or  wife  has  absented 
himself  or  herself  for  five  successive  years  then  last- 
past  without  being  known  to  such  party  to  be  living 
during  that  time. 

Actions  to  annul  a  void  or  voidable  marriage  may  be 
brought  only  as  provided  in  the  code  of  civil  procedure. 

§  8.  Marriage  after  divorce  for  adultery.  Whenever 
a  marriage  has  been  or  shall  be  dissolved,  the  com- 
plainant may  marry  again  during  the  lifetime  of  the 
defendant.  But  a  defendant  for  whose  adultery 
the  judgment  of  divorce  has  been  granted  in  this  state 
may  not  marry  again  during  the  lifetime  of  the  com- 
plainant, unless  the  court  in  which  the  judgment  of 
divorce  was  rendered  shall  in  that  respect  modify  such 
judgment,  which  modification  shall  be  made  only  upon 


Domestic  Relations  Law  42' 

satisfactory  proof  that  five  years  have  elapsed  since 
the  decree  of  divorce  was  rendered,  and  that  the  con- 
duct of  the  defendant  since  the  dissolution  of  said 
marriage  has  been  uniformly  good;  and  a  defendant 
for  whose  adultery  the  judgment  of  divorce  has  been 
rendered  in  another  state  or  country  may  not  marry 
again  in  this  state  during  the  lifetime  of  the  com- 
plainant unless  five  years  have  elapsed  since  the  ren- 
dition of  such  judgment  and  there  is  no  legal  im- 
pediment, by  reason  of  such  judgment,  to  such  mar- 
riage in  the  state  or  country  where  the  judgment  was 
rendered.  But  this  section  shall  not  prevent  the 
remarriage  of  the  parties  to  an  action  for  divorce. 
(Amended  by  L.  1915,  ch.  266,  in  effect  April  12,  1915.) 

ARTICLE   III 

Solemnization,   proof   and.  effect    of  marriages 
Section  10.     Marriage  a  civil  contract. 

11.  By  whom  a  marriage  must  be  solemnized. 
11 -a.  Duty  of  city  clerk  in  certain  cities  of  the 

first  class. 

12.  Marriage,  how  solemnized. 

13.  Marriage  licenses. 

14.  Town   and   city   clerks   to   issue   marriage 

licenses;   form. 

15.  Duty  of  town  and  city  clerks. 

16.  False  statements  and  affidavits. 

17.  Clergyman     or     officer     violating     article; 

penalty. 

18.  Clergyman  or  officer,  when  protected. 

19.  Records  to  be  kept  by  town  and  city  clerks. 

20.  Records  to  kept  by  the  county  clerk. 

21.  Forms  and  books  to  be  furnished. 

22.  Penalty  for  violation. 

23.  Presumptive  evidence. 

24.  Effect  of  marriage  of  parents  of  illegitimates. 

25.  License,  when  to  be  obtained. 


428 


The  Public  Health  Manual 


Marriage 
a   civil 
contract 


By   whom 
marriage 
solem- 
nized 


§  10.  Marriage  a  civil  contract.  Marriage,  so  far  as 
its  validity  in  law  is  concerned,  continues  to  be  a  civii 
contract,  to  which  the  consent  of  the  parties  capable  in 
law  of  making  a  contract  is  essential. 

§  11.  By  whom  a  marriage  must  be  solemnized.  The 
marriage  must  be  solemnized  by  either: 

1.  A  clergyman  or  minister  of  any  religion,  or  by 
the  leader,  or  any  of  the  three  assistant  leaders,  of  the 
Society  for  Ethical  Culture  in  the  city  of  New  York, 
having  its  principal  office  in  the  borough  of  Manhattan, 
or  by  the  leader  of  the  Society  for  Ethical  Culture  in. 
the  borough  of  Brooklyn  of  the  city  of  New  York; 

2.  A  mayor,  recorder,  city  magistrate,  police  justice 
or  police  magistrate  of  a  city,  or  the  city  clerk  of  a 
city  of  the  first  class  of  over  one  million  inhabitants  or 
any  of  his  deputies  or  a  regular  clerk  designated 
by  him  for  such  purpose,  as  provided  in  section  eleven-a 
of  this  chapter,  except '  that  in  cities  which  contain 
more  than  one  hundred  thousand  and  less  than  one 
million  inhabitants,  a  marriage  shall  be  solemnized  by 
the  mayor,  or  police  justice,  and  by  no  other  officer 
of  such  city,  except  as  provided  in  subdivisions  one  and 
three  of  this  section.  (Subd.  amended  by  L.  1916,  ch. 
524  and  L.  1918,  ch.  629,  in  effect  May  11,  1918.) 

3.  A  justice  or  judge  of  a  court  of  record,  or  of  a  mu- 
nicipal court,  a  police  justice  of  a  village,  or  a  justice 
of  the  peace;  except  that  justices  of  the  peace  in  cities 
which  contain  more  than  one  hundred  thousand  and 
less  than  one  million  inhabitants,  shall  have  no  power 
to  solemnize  marriages;  or, 

4.  A  written  contract  of  marriage  signed  by  both 
parties  and  at  least  two  witnesses  who  shall  subscribe 
the  same,  stating  the  place  of  residence  of  each  of  the 
parties  and  witnesses  and  the  date  and  place  of  mar- 
riage and  acknowledged  by  the  parties  and  witnesses  in 
the  manner  required  for  the  acknowledgment  of  a  con- 
veyance of  real  estate  to  entitle  the  same  to  be  recorded, 


Domestic  Relations  Law  429 

provided,  however,  that  all  of  such  contracts  of  marriage 
must  in  order  to  be  valid  be  acknowledged  before  a 
judge  of  a  court  of  record.  Such  contract  shall  be  re- 
corded within  six  months  after  its  execution  in  the  office 
of  the  clerk  of  the  county  in  which  the  marriage  was 
solemnized. 

The  word  "  clergyman  "  when  used  in  the  following 
sections  of  this  article,  includes  each  person  referred 
to  in  the  first  subdivision  of  this  section.  The  word 
"  magistrate "  when  so  used,  includes  any  person  re- 
ferred to  in  the  second  or  third  subdivision.  (Section 
amd.  by  L.  1911,  ch.  610;  L.  1912,  ch.  166;  L.  1913,  ch. 
490  and  L.  1916,  ch.  524,  in  effect  May  12,  1916.) 

§  11-a.  Duty  of  city  clerk  in  certain  cities  of  the  first  City   clerk 
class.     The  citv  clerk  of  a  city  of  the  first  class  of  over  ix} . certaini 

J  J  cities 

one  million  inhabitants  may  designate  in  writing  any  of  may  per- 
his  deputies  or  one  of  his  regular  clerks  to  perform  mar-  marriages 
riage  ceremonies,  which  designation  shall  be  in  writing 
and  be  filed  in  the  office  of  such  city  clerk.  The  day  and 
hour  of  such  filing  shall  be  endorsed  on  the  designation. 
Any  such  designation  shall  be  and  remain  in  effect  for 
six  months  from  the  filing  thereof.  The  designation  of  a 
deputy  heretofore  made  for  such  purpose  shall  expire 
ninety  days  after  this  section,  as  hereby  amended,  takes 
effect.  Whenever  persons  to  whom  the  city  clerk  of  any 
such  city  of  the  first  class  shall  have  issued  a  marriage 
license  shall  request  him  to  solemnize  the  rites  of  matri- 
mony between  them  and  present  to  him  such  license  it 
shall  be  the  duty  of  such  clerk,  either  in  person  or  by 
one  of  his  deputies  or  a  regular  clerk  so  designated  by 
him  to  solemnize  such  marriage ;  provided,  however,  that 
nothing  contained  either  in  this  section  or  in  subdivision 
two  of  section  eleven  of  this  chapter  shall  be  construed 
as  empowering  or  requiring  either  the  said  city  clerk  or 
any  of  his  designated  deputies  or  regular  clerk  to  solemn- 
ize marriages  at  any  place  other  than  at  the  office  of 
such  city  clerk.     In  all  cases  in  which  the  city  clerk  of 


430 


The  Public  Health  Manual 


Marriage 
how 
solem- 
nized 


Marriage 
licenses 


such  city  or  one  of  his  deputies  or  a  regular  clerk  so 
designated  shall  perform  a  marriage  ceremony  such  offi- 
cial shall  demand  and  be  entitled  to  collect  therefor  a  fee 
of  two  dollars,  which  sum  shall  be  paid  by  the  contract- 
ing parties  before  or  immediate'ly  upon  the  solemniza- 
tion of  the  marriage  \  and  all  such  fees  so  received  shall 
be  paid  over  monthly  to  the  treasurer  of  the  city. 
(Amended  by  L.  1916,  ch.  524  and  L.  1918,  ch.  620,  in 
effect  May  11,  1918.) 

§  12.  Marriage,  how  solemnized.  No  particular  form 
or  ceremony  is  required  when  the  marriage  is  solem- 
nized as  herein  provided,  by  a  clergyman  or  magistrate, 
but  the  parties  must  solemnly  declare  in  the  presence 
of  a  clergyman  or  magistrate  and  the  attending  wit- 
ness or  witnesses  that  they  take  each  other  as  hus- 
band' and  wife.  In  every  case,  at  least  one  witness 
beside  the  clergyman  or  magistrate  must  be  present  at 
the  ceremony.  The  preceding  provisions  of  this  chapter, 
so  far  as  they  relate  to  the  manner  of  solemnizing 
marriages,  shall  not  affect  marriages  among  the  people 
called  friends  or  quakers;  nor  marriages  among  the 
people  of  any  other  denominations  having  as  such  any 
particular  mode  of  solemnizing  marriages;  but  such 
marriages  must  be  solemnized  in  the  manner  heretofore 
used  and  practiced  in  their  respective  societies  or 
denominations,  and  marriages  so  solemnized  shall  be  as 
valid  as  if  this  article  had  not  been  enacted. 

§  13.  Marriage  licenses.  It  shall  be  necessary  for  all 
persons  intending  to  be  married  to  obtain  a  marriage 
license  from  the  town  or  city  clerk  of  the  town  or  city 
in  which  the  woman  to  be  married  resides  and  to 
deliver  said  license  to  the  clergyman  or  magistrate 
who  is  to  officiate  before  the  marriage  can  bp  per- 
formed. If  the  woman  or  both  parties  to  be  married 
are  non-residents  of  the  state  such  license  shall  be 
obtained  from  the  clerk  of  the  town  or  city  in  which 
the  marriage  is  to  be  performed;  or,  if  the  woman  to 


Domestic  Relations  Law  431 

be  married  resides  upon  an  island  located  not  less  than 
twenty-five  miles  from  the  office  or  residence  of  the  town 
clerk  of  the  town  of  which  such  island  is  a  part,  and 
such  office  or  residence  is  not  on  such  island  such 
license  may  be  obtained  from  any  justice  of  the  peace 
residing  on  such  island,  and  such  justice,  in  respect  to 
powers  and  duties  relating  to  marriage  licenses,  shall 
be  subject  to  the  provisions  of  this  article  governing 
town  clerks  and  shall  file  all  statements  or  affidavits 
received  by  him  while  acting  under  the  provisions  of 
this  section  with  the  town  clerk  of  such  town.  (Am'd 
by  L.  1914,  ch.  230,  and  L.  1918,  ch.  236,  in  effect  April 
16,   1918.) 

§  14.  Town  and  city  clerks  to  issue  marriage  licenses;  Town  and 
form.     The  town  or  city  clerk  of  each  and  every  town  ^^1*** 
or    city    in    this    state    is    hereby    empowered   to    issue  marriage 

liCGQSGS 

marriage  licenses  to  any  parties  applying  for  the  same 
who  may  be  entitled  under  the  laws  of  this  state  to 
contract  matrimony,  authorizing  the  marriage  of  such 
parties,  which  license  shall  be  substantially  in  the 
following  form:* 

.    {Section  Uf    after  setting  forth  the  form  of  license, 
continues  as  follows:) 

There  shall  be  endorsed  upon  the  license  or  annexed 
thereto  at  the  end  thereof,  subscribed  by  the  clerk,  an 
abstract  of  the  facts  concerning  the  parties  as  dis- 
closed in  their  affidavits  or  verified  statements  at  the 
time  of  the  application  for  the  license  made  in  conform- 
ity to  the  provisions  of  section  fifteen  of  this  chapter. 

The  license  issued,  including  the  abstract  of  facts, 
and  the  certificates  duly  signed  by  the  person  who  shall 
have  solemnized  the  marriage  therein  authorized  shall 
be  returned  by  him  to  the  office  of  the  town  or  city 
clerk  who  issued  the  same  on  or  before  the  tenth  day 


*  Form  is  prescribed  and  set  forth  at  this  point  in  the  section. 
Blanks  printed  according  to  this  form  are  furnished  county  clerks  for 
distribution  to  town  and  city  clerks.     See  section  21  herein 


432  The  Public  Health  Manual 

of  the  month  next  succeeding  the  date  of  the  solemniz- 
ing of  the  marriage  therein  authorized  and  any  person 
or  persons  who  shall  wilfully  neglect  to  make  such 
return  within  the  time  above  required  shall  be  deemed 
guilty  of  a  misdemeanor  and  upon  conviction  thereof 
shall  be  punished  by  a  fine  of  not  less  than  twenty- 
five  dollars  or  more  than  fifty  dollars  for  each  and 
every  offense.  (Amended  by  L.  1912,  ch.  216.) 
Duty  of  §  15.  Duty  of  town  and  city  clerks.     It  shall  be  the 

town  duty   of  the  town  or   city   clerk  when   an   application 

clerks  for  a  marriage  license  is  made  to  him  to  require  each 

of  the  contracting  parties  to  sign  and  verify  a  state- 
ment or  affidavit  before  such  clerk  or  one  of  his  depu- 
ties, containing  the  following  information.  From  the 
groom:  Full  name  of  husband,  color,  place  of  resi- 
dence, age,  occupation,  place  of  birth,  name  of  father, 
country  of  birth,  maiden  name  of  mother,  country  of 
birth,  number  of  marriage.  From  the  bride :  Full  name  of 
bride,  place  of  residence,  color,  age,  occupation,  place  of 
birth,  name  of  father,  country  of  birth,  maiden  name  of 
mother,  country  of  birth,  number  of  marriage.  From 
each:  A  statement  in  the  following  words:  "  I  have  not 
to  my  knowledge  been  infected  with  any  venereal  disease, 
or  if  I  have  been  so  infected  within  five  years  I  have  had 
a  laboratory  test  within  that  period  which  shows  that  I 
am  now  free  from  infection  from  any  such  disease." 
The  said  clerk  shall  also  embody  in  the  statement  if 
either  or  both  of  the  applicants  have  been  previously 
married,  a  statement  as  to  whether  the  former  husband 
or  husbands  or  the  former  wife  or  wives  of  the  respec- 
tive applicants  are  living  or  dead  and  as  to  whether 
either  or  both  of  said  applicants  are  divorced  persons, 
if  so,  when  and  where  the  divorce  or  divorces  were 
granted  and  shall  also  embody  therein  a  statement 
that  no  legal  impediment  exists  as  to  the  right  of  each 
of  the  applicants  to  enter  into  the  marriage  state.  The 
town    or    city    clerk    is   hereby    given    full    power    and 


Domestic  Relations  Law  433 

authority  to  administer  oaths  and  may  require  the 
applicants  to  produce  witnesses  to  identify  them  or 
either  of  them  and  may  also  examine  under  oath  or 
otherwise  other  witnesses  as  to  any  material  inquiry 
pertaining  to  the  issuing  of  the  license;  provided,  how- 
ever, that  in  cities  of  the  first  class  the  verified  state- 
ments and  affidavits  may  be  made  before  any  regular 
clerk  of  the  city  clerk's  office  designated  for  that  pur- 
pose by  the  city  clerk.  If  it  appears  from  the  affi- 
davits and  statements  so  taken,  that  the  persons  for 
whose  marriage  the  license  in  question  is  demanded 
are  legally  competent  to  marry,  the  said  clerk  shall 
issue  such  license,  except  in  the  following  cases.  If  it 
shall  appear  upon  an  application  of  the  applicants  as 
provided  in  this  section  that  the  man  is  under  twenty- 
one  years  of  age,  or  that  the  woman  is  under  the  age 
of  eighteen  years,  then  the  town  or  city  clerk  before 
he  shall  issue  a  license  shall  require  the  written  con-  „  . 

^  Written 

sent  to  the  marriage  from  both  parents  of  the  minor  consent 
or  minors  or   such  as   shall  then  be  living,  or  if  the  °Jt  mtnortS 
parents  of  both  are  dead,  then  the  written  consent  of 
the  guardian  or  guardians  of  such  minor  or  minors.    If 
one  of  the  parents  has  been  missing  and  has  not  been 
seen  or  heard  from  for  a  period  of  one  year  preceding 
the  time   of  the   application   for  the  license,   although 
diligent  inquiry  has  been  made  to  learn  the  whereabouts 
of   such   parent,   the   town   or  city   clerk  may  issue  a 
license  to  such  minor  upon  the  sworn  statement  and 
consent  of  the  other  parent.     If  the  marriage  of  the  written 
parents  of  such  minor  has  been  dissolved  by  decree  of  consents 

of    parents 
divorce    or    annulment,   the    consent    of    the   parent   to  of  minors 

whom  the  court  which  granted  the  decree  has  awarded 

the  custody  of  such  minor  shall  be  sufficient.     If  there 

is  no  parent  or  guardian  of  the  minor  or  minors  living 

to  their  knowledge  then  the  town  or  city  clerk  shall 

require   the   written    consent   to    the   marriage    of   the 

person  under  whose  care  or  government  the  minor  or 


434 


The  Public  Health  Manual 


Fee 


Issuing 
license 
to    persons 
not    com- 
petent  to 
marry,    a 
misde- 
meanor 


minors  may  be  before  a  license  shall  be  issued.  The 
parents,  guardians  or  other  persons  whose  consents  it 
shall  be  necessary  to  obtain  before  the  license  shall 
issue,  shall  personally  appear  before  the  town  or  city 
clerk  and  execute  the  same  if  they  are  residents  of  the 
state  of  New  York  and  physically  able  so  to  do.  If 
they  are  non-residents  of  the  state  the  required  consents 
may  be  executed  and  duly  acknowledged  without  the 
state,  but  the  consent  with  a  certificate  attached  show- 
ing the  authority  of  the  officer  to  take  acknowledgments 
must  be  duly  filed  with  the  town  or  city  clerk  before  a 
license  shall  issue.  Before  issuing  any  license  herein 
provided  for,  the  town  or  city  clerk  shall  be  entitled 
to  a  fee  of  one  dollar,  which  sum  shall  be  paid  by  the 
applicants  before  or  at  the  time  the  license  is  issued; 
and  all  such  fees  so  received  by  the  clerks  of  cities  shall 
be  paid  monthly  to  the  treasurer  of  the  city  wherein 
such  license  is  issued.  Any  town  or  city  clerk  who 
shall  issue  a  license  to  marry  any  persons  one  or  both 
of  whom  shall  not  be  at  the  time  of  the  marriage  under 
such  license  legally  competent  to  marry  without  first 
requiring  the  parties  to  such  marriage  to  make  such 
affidavits  and  statements  or  who  shall  not  require  the 
procuring  of  the  consents  provided  for  by  this  article, 
which  shall  show  that  the  parties  authorized  by  said 
license  to  be  married  are  legally  competent  to  marry 
shall  be  guilty  of  a  misdemeanor  and  on  conviction 
thereof  shall  be  fined  in  the  sum  of  one  hundred  dol- 
lars for  each  and  every  offense.  In  any  city  the  fees 
collected  for  the  issuing  of  a  marriage  license,  or  for 
solemnizing  a  marriage,  so  far  as  collected  for  services 
rendered  by  any  officer  or  employee  of  such  city,  shall 
be  paid  into  the  city  treasury  and  may  by  ordinance 
be  credited  to  any  fund  therein  designated,  and  said 
ordinance,  when  duly  enacted,  shall  have  the  force  of 
law  in  such  city.  (Amended  by  L.  1912,  ch.  241  and  L. 
1917,  ch.  503,  in  effect  May  16,  1917.) 


Domestic  Relations  Law  435 

§   16.  False    statements   and    affidavits.     Any   person  Faise 
who   shall    in   any   affidavit   or    statement   required   or  statements 
provided  for  in  this  act  wilfully  and  falsely  swear  in  affidavits 
regard  to  any  material  fact  as  to  the  competency  of 
any  person  for  whose  marriage  the  license  in  question 
or  concerning  the  procuring  or  issuing  of  which   such 
s^idavit   or    statement   may   be  made    shall   be   deemed 
guilty   of   perjury   and   on   conviction   thereof   shall  be 
punished  as  provided  by  the  statutes  of  this  state. 

§  17.  Clergyman  or  officer  violating  article;  penalty.  Clergy. 
If   any   clergyman   or   other   person   authorized   by  the  man    or 
laws  of  this  state  to  perform  marriage  ceremonies  shall  violating 
solemnize   or   presume  to    solemnize    any   marriage   be-  artlcle 
tween  any  parties  without  a  license  being  presented  to 
him  or  them  as  herein  provided  or  with  knowledge  that 
either  party  is  legally  incompetent  to  contract  matri- 
mony as  is  provided  for  in  this  article  he  shall  be  guilty 
of  a  misdemeanor  and  on  conviction  thereof   shall  be 
punished  by  a  fine   of  not  less  than  fifty   dollars  nor  Pen?ity 
more  than  five  hundred  dollars  or  by  imprisonment  for 
a  term  not  exceeding  one  year. 

§  18.  Clergyman  or  officer;  when  protected.  Any  such  ciergy- 
clergyman  or  officer  as  aforesaid  to  whom  any  such  £^eror 
license  duly  issued  may  come  and  not  having  personal  when 

p  ros  6  r1  u.  t£  cl 

knowledge  of  the  incompetency  of  either  party  therein 
named  to  contract  matrimony,  may  lawfully  solemnize 
matrimony  between  them. 

§   19.  Records  to  be  kept  by  town  and  city  clerks.  Records 
Each  town  and  city  clerk  hereby  empowered  to  issue  kept  by 
marriage  licenses  shall  keep  a  book  in  which  he  shall  *°*vn  j^fe, 
record  and  index  all  affidavits,  statements,  consents  and 
licenses,  together  with  the  certificate  attached  showing 
the  performance  of  the  marriage  ceremony,  which  book 
shall   be  kept  and  preserved   as  a   part  of  the  public 
records  of  his  office.     Whenever  an  application  is  made 
for  a  search  of  such  records  the  city  or  town  clerk  may 
make    such    search    and    furnish    a    certificate    of    the 


436 


The  Public  Health  Manual 


Fee    for 
search 


Original 
records 
filed     in 

office     of 

county 

clerk 


Records' 
to     be 
kept    by- 
county 
clerk 


Original 
records 
to  be 
filed    in 
State  De- 
partment 
of  Health 


result  to  the  applicant  upon  the  payment  of  a  fee  of 
fifty  cents  for  a  search  of  one  year  and  a  further  fee 
of  ten  cents  for  each  additional  year,  which  fees  shall 
be  paid  in  advance  of  such  search.  Alj  such  affidavits, 
statements  and  consents,  immediately  upon  the  taking 
or  receiving  of  the  same  by  the  town  or  city  clerk, 
shall  be  recorded  and  indexed  and  shall  be  public 
records  and  open  to  public  inspection.  On  or  before  the 
fifteenth  day  of  each  month  the  said  town  and  city 
clerk  shall  file  in  the  office  of  the  county  clerk  of  the 
county  in  which  said  town  or  city  is  situated  the  orig- 
inal of  each  affidavit,  statement,  consent,  license  and 
certificate,  which  have  been  filed  or  made  before 
him  during  the  preceding  month.  He  shall  not  be 
required  to  file  any  of  said  documents  with  the  county 
clerk  until  the  license  is  returned  with  the  certificate 
showing  that  the  marriage  to  which  they  refer  has  been 
actually  performed.  (Amended  by  L.  1912,  ch.  241,  and 
L.  1916,  ch.  381,  in  effect  May  1,  1916.) 

§  20.  Records  to  be  kept  by  the  county  clerk.  The 
county  clerk  of  each  county  except  the  counties  included 
within  the  city  of  New  York  shall  keep  a  copy  and 
index  in  a  book  kept  in  his  office  for  that  purpose 
of  each  statement,  affidavit,  consent  and  license,  to- 
gether with  a  copy  of  the  certificate  thereto  attached 
showing  the  performance  of  the  marriage  ceremony, 
filed  in  his  office.  During  the  first  twenty  days  of  the 
months  of  January,  April,  July  and  October  of  each 
year  the  county  clerk  shall  transmit  to  the  state 
department  of  health  at  Albany,  New  York,  all  original 
affidavits,  statements,  consents  and  licenses  with  cer- 
tificates attached  filed  in  his  office  during  the  three 
months  preceding  the  date  of  such  report,  also  all  orig- 
inal contracts  of  marriage  made  and  recorded  in  his 
office  during  such  period  entered  into  in  accordance 
with  subdivision  four  of  section  eleven  of  this  chapter, 
which  record  and  certificate  shall  be  kept  on  file  and 


Domestic  Relations  Law  437 

properly  indexed  by  the  state  department  of  health,  correction 
Whenever  it  is  claimed  that  a  mistake  has  been  made  of  records 
through  inadvertence  in  any  of  the  statements,  affidavits 
or  other  papers  required  by  this  section  to  be  filed  with 
the  state  department  of  health,  the  state  commissioner  of 
health  may  file  with  the  same,  affidavits  upon  the  part 
of  the  person  claiming  to  be  aggrieved  by  such  mistake, 
showing  the  true  facts  and  the  reason  for  the  mistake 
and  may  make  a  note  upon  such  original  paper,  state- 
ment or  affidavit  showing  that  a  mistake  is  claimed 
to  have  been  made  and  the  nature  thereof.  The  serv- 
ices rendered  by  the  county  clerk  in  carrying  out  the 
provisions  of  this  article  shall  be  a  county  charge  ex- 
cept in  counties  where  the  county  clerk  is  a  salaried 
officer  in  which  case  they  shall  be  a  part  of  the  duties 
of  his  office.  (Amended  by  L.  1915,  ch.  422  and  L.  1917, 
ch.  245,  in  effect  April  23,  1917.) 

:§    21.  Forms    and    books    to    be    furnished.      Blank  Forms 
forms   for  marriage   licenses  and   certificates  and   also  ^dbg00ks 
the  proper  books  for  registration  ruled  for  the  items  furnished 
contained  in  said  forms  and  also  blank  statements  and 
affidavits  and  such  other  blanks  as  shall  be  necessary 
to  comply  with  the  provisions  of  this  article  shall  be 
prepared   by   the   state   board   of   health   and    shall   be 
furnished   by    said    department   at   the    expense   of   the 
state  to  the  county  clerk  of  the  various  counties  of  the 
state  in  quantities  needed  from  time  to  time,  and  the 
county  clerk  of  each   county   shall   distribute  them  to 
town  and  city  clerks  in  his  county  in  such  quantities 
as  their  necessities  shall  require.     The  expense  of  dis- 
tributing  the    same   to   said   town    and    city   clerks   is 
hereby  made  a  county  charge. 

§    22.  Penalty    for    violation.      Any    town,    city    or  Penalty 
county   clerk   who   shall   violate   any   of  the   provisions  for  vioia- 
of  this  article  or  shall  fail  to  comply  therewith  shall 
be   deemed  guilty   of   a  misdemeanor  and   shall   pay   a 
fine  not  exceeding  the  sum  of  one  hundred  dollars  on 
conviction  thereof. 


438 


The  Public  Health  Manual 


Presump- 
tive evi- 
dence 


Effect 
of  marri- 
age   of 
parents 
of    illegiti- 
mates 


License ; 
when   to 
be  ob- 
tained 


§  23.  Presumptive  evidence.  Copies  of  the  records 
of  marriages  including  the  license  and  certificate  of 
marriage  and  all  other  records  pertaining  thereto  duly 
certified  by  the  clerk  of  the  county  where  the  same  are 
recorded  under  his  official  seal  shall  be  evidence  in  all 
courts. 

§  24.  Effect  of  marriage  of  parents  of  illegitimates. 
All  illegitimate  children  whose  parents  have  heretofore 
intermarried  or  who  shall  hereafter  intermarry  shall 
thereby  become  legitimatized  and  shall  become  legiti- 
mate for  all  purposes  and  entitled  to  all  the  rights  and 
privileges  of  legitimate  children;  but  an  estate  or 
interest  vested  or  trust  created  before  the  marriage  of 
the  parents  of  such  child  shall  not  be  divested  or 
affected  by  reason  of  such  child  being  legitimatized. 
Nothing  in  this  act  shall  be  deemed  or  construed  to 
in  any  manner  impair  or  affect  the  validity  of  any 
lawful  marriage  contract  made  before  the  passage  of 
this  article. 

§  25.  License;  when  to  be  obtained.  The  provisions 
of  this  article  pertaining  to  the  granting  of  the  licenses 
before  a  marriage  can  be  lawfully  celebrated  apply  to 
all  persons  who  assume  the  marriage  relation  in  accord- 
ance with  subdivision  four  of  section  eleven  of  this 
chapter.  Nothing  in  this  article  contained  shall  be  con- 
strued to  render  void  by  reason  of  a  failure  to  procure  a 
marriage  license  any  marriage  solemnized  between  per- 
sons of  full  age  nor  to  render  void  any  marriage  between 
minors  or  with  a  minor  under  the  legal  age  of  con- 
sent where  the  consent  of  parent  or  guardian  has  been 
given  and  such  marriage  shall  be  for  such  cause  void- 
able only  as  to  minors  or  a  minor  upon  complaint  of 
such  minors  or  minor  or  of  the  parent  or  guardian 
thereof. 

DRAINAGE  OF  LANDS 

Removal   of  waters   wherein   mosquito   larvae  breed. 
Public     Health     Law,     §§     27-30     (p.     40).       County 


Education  Law  439 

Mosquito  Extermination  Commission.  Public  Health 
Law,  §§  400-418  (p.  271).  Extermination  of  mos- 
quitoes, 'Suffolk  county.  L.  1916, .  ch.  248  (p.  507). 
Powers  and  duties  of  the  Conservation  Commission  as 
to  drainage  of  land.  Conservation  Law,  Article  VIII. 
Drainage  for  protection  of  public  health  and  the  re- 
claiming of  low  and  wet  lands  —  petition,  appointment 
of  commissioners,  etc.  Drainage  Law,  Article  II, 
§§   2-19. 

DRUGS 

Adulteration.  Public  Health  Law,  §  41  (p.  51). 
Penalty  for  adulterating.  Public  Health  Law,  §  237 
(p.  160).  Poison  schedules.  Public  Health  Law,  §  23'8 
(p.  162).  Omitting  to  label,  or  labeling  falsely. 
Penal  Law,  §  1742  (p.  519).  Careless  distribution 
of  samples.  Penal  Law,  §  1747  (p.  621).  Sale  of 
adulterated.  Penal  Law,  §  1748  (p.  622).  Sale  in 
penal  institutions.  Penal  Law,  §  1691.  Habit-forming, 
regulation  and  control.  Public  Health  Law,  §§  420- 
444    (p.  279). 

EDUCATION  LAW 
(L.   1909,  ch.  21,  cons.  ch.  16  Oon8.  Laws) 

ARTICLE  III 

§  69  authorizes  incorporated  colleges  to  construct 
water  works  and  sewer  systems. 

ARTICLE  IV 

Duties  of  school  authorities  as  to  enforcing  laws 

§  95.  Removal  of  school  officers;   withholding  public  Removal 
money.     1.  Whenever  it  shall  be  proved  to  his  satisfac-   °ffiCsecrs00for 
tion  that  any  trustee,  member  of  a  board  of  education,  neglect  of 
clerk,  collector,   treasurer,   school   commissioner,   super- 
intendent  of   schools   or   other   school   officer   has  been 
guilty  of  any  wilful  violation  or  neglect  of  duty  under 


440 


The  Public  Health  Manual 


Withhold- 
ing public 
money 


this  chapter,  or  any  other  act  pertaining  to  common 
schools  or  other  educational  institution  participating 
in  state  funds,  or  wilfully  disobeying  any  decision, 
order  or  regulation  of  the  regents  or  of  the  commissioner 
of  education,  said  commissioner  may,  by  an  order  under 
Lis  hand  and  seal,  which  order  shall  be  recorded  in  his 
office,  remove  such  school  officer  from  his  office. 

2.  Said  commissioner  of  education  may  also  withhold 
from  any  district  or  city  its  share  of  the  public  money 
of  the  state  for  wilfully  disobeying  any  provision  of 
law  or  any  decision,  order  or  regulation  as  aforesaid.* 


Plans    of 
new    build- 
ings   ap- 
proved by 
commis- 
sioner  of 
education 


Ventila- 
tion 


ARTICLE  V 

School  buildings  and  sites 

§  4'51.  Plans  and  specifications  of  school  buildings 
must    be    approved    by    commissioner    of    education. 

1.  No  schoolhouse  shall  hereafter  be  erected,  repaired, 
enlarged  or  remodeled  in  a  city  of  the  third  class  or  in  a 
school  district,  at  an  expense  which  shall  exceed  five  hun- 
dred dollars,  until  the  plans  and  specifications  thereof 
shall  have  been  submitted  to  the  commissioner  of  educa- 
tion and  his  approval  endorsed  thereon.  Such  plans  and 
specifications  shall  show  in  detail  the  ventilation,  heat- 
ing and  lighting  of  such  buildings. 

2.  The  commissioner  of  education  shall  not  approve 
the  plans  for  the  erection  of  any  school  building  or  addi- 
tion thereto  or  remodeling  thereof  unless  the  same  shall 
provide 

a.  At  least  fifteen  square  feet  of  floor  space  and  two 
hundred  cubic  feet  of  air  space  for  each  pupil  to  be 
accommodated  in  each  study  or  recitation  room  therein. 

b.  For  assuring  at  least  thirty  cubic  feet  of  pure  air 
every  minute  per  pupil,  and 


*  See  §  310  of  Public  Health  Law,  requiring  the  trustees  or  other 
officers  in  control  of  schools  to  refuse  to  admit  children  not  vaccinated 


Education  Law  441 

c.  The  'facilities  for  exhausting  the  foul  or  vitiated 
air  therein  shall  be  positive  and  independent  of  atmos- 
pheric changes. 


Provisions 


§  457.  Provision  for  outbuildings.  1.  The  trustees  in 
the  several  school  districts  shall  provide  at  least  two  for  out- 
suitable  and  convenient  water-closets  or  privies  for  each  bul  dings 
of  the  schools  under  their  charge,  which  shall  be  entirely 
separated  each  from  the  other,  and  have  separate 
means  of  access,  and  approaches  thereto  separated  by  a 
substantial  close  fence  not  less  than  seven  feet  in 
height.  It  shall  also  be  the  duty  of  trustees  to  keep 
such  out  buildings  in  a  clean  and  wholesome  condition. 

2.  The  board  'of  education  of  each  union  free  school 
district  and  of  a  city  shall  provide  and  maintain  at 
least  two  suitable  and  convenient  water-closets  or  privies 
for  each  of  the  schools  under  their  charge,  and  in  con- 
formity with  the  provisions  of  this  section. 

O        -X-  *  *  *  *  *  * 

4.  A  failure  on  the  part  of  the  trustees  or  a  board  of 
education  to  comply  with  the  provisions  of  this  section 
shall  be  sufficient  grounds  for  their  removal  from  office 
or  for  withholding  from  the  district  or  city  its  share  of 
the  public  moneys  of  the  state. 

ARTICLE  XX-A 

Medical  inspection  for  public  school  pupils 

Section  570.  Medical  inspection  to  be  provided. 

571.  Employment  of  medical   inspector. 

572.  Pupils  to  furnish  health  certificates. 

573.  Examination  by  medical  inspector. 

574.  Record  of  examinations;  eye  and  ear  tests. 

575.  Existence    of    contagious    diseases;    return 

after   illness. 

576.  Enforcement  of  law. 

577.  State  medical  inspection  of  schools. 


442 


The  Public  Health  Manual 


Medical 
inspec- 
tion    of 
public 
school 
pupils 
to    be 
provided 


Employ- 
ment of 
medical 

inspectors 


School 
nurses 
to    aid 
medical 
inspector 


§  570.  Medical  inspection  to  be  provided.  -  Medical 
inspection  shall  be  provided  for  all  pupils  attending 
the  public  schools  in  this  state,  except  in  cities  of  the 
first  class,  as  provided  in  this  article.  Medical  inspec- 
tion shall  include  the  services  of  a  trained  registered 
nurse,  if  one  is  employed,  and  shall  also  include  such 
services  as  may  be  rendered  as  provided  herein  in  exam- 
ining pupils  for  the  existence  of  disease  or  physical 
defects  and  in  testing  the  eyes  and  ears  of  such  pupils. 
t(Added  by  L.  1913,  ch.  627,  in  effect  Aug.  1,  1913.) 

§  571.  Employment  of  medical  inspectors.  The  board 
of  education  in  each  city  and  union  free  school  district, 
and  the  trustee  or  board  of  trustees  of  a  common  school 
district,  shall  employ,  at  a  compensation  to  be  agreed 
upon  by  the  parties,  a  competent  physician  as  a  medical 
inspector,  to  make  inspections  of  pupils  attending  the 
public  schools  in  the  city  or  district.  If  appointed  by 
a  board  of  education  of  a  city  such  physician  shall 
reside  within  the  city.  The  physicians  so  employed 
shall  be  legally  qualified  to  practice  medicine  in  this 
state,  and  shall  have  so  practiced  for  a  period  of  at 
least  two  years  immediately  prior  to  such  employment. 
Any  such  board  of  trustees  may  employ  one  or  more 
school  nurses,  who  shall  be  registered  trained  nurses 
and  authorized  to  practice  as  such.  Such  nurses  when 
so  employed  shall  aid  the  medical  inspector  of  the  dis- 
trict and  shall  perform  such  duties  for  the  benefit  of  the 
public  schools  as  may  be  prescribed  by  such  inspector. 

A  medical  inspector  or  school  nurse  may  be  employed 
by  the  trustees  or  boards  of  education  of  two  or  more 
school  districts,  and  the  compensation  of  such  inspector, 
and  the  expenses  incurred  in  making  inspections  of 
pupils  as  provided  herein,  shall  be  borne  jointly  by 
such  districts,  and  be  apportioned  among  them  accord- 
ing to  the  assessed  valuation  of  the  taxable  property 
therein. 


Education  Law  443 

In  cities  and  union  free  school  districts  having  more 
than  five  thousand  inhabitants,  the  board  of  education 
may  employ  such  additional  medical  inspectors  as  may 
be  necessary  to  properly  inspect  the  pupils  in  the 
school  in  such  cities  and  union  free  school  district. 

The  trustees  of  a  common  school  district  or  the  board 
of  education  of  a  union  free  school  district  whose 
boundaries  are  coterminous  with  the  boundaries  of  an 
incorporated  village  shall,  in  the  employment  of  medical 
inspectors,  employ  the  health  officer  of  the  town  in 
which  such  common  school  district  is  located  or  the 
health  officer  of  such  union  free  school  district,  so  far 
as  may  be  advantageous  to  the  interests  of  such  dis- 
trict. (Added  by  L.  1913,  ch.  627,  and  amended  by  L. 
1916,  ch.   182,  in  effect  April  11,  1916.) 

§  572.  Pupils  to  furnish  health  certificates.  A  health  PuPiis 
certificate  shall  be  furnished  by  each  pupil  in  the  public  health 
schools  upon  his  entrance  in  such  schools,  and  there-  ^telf" 
after  at  the  opening  of  such  schools  at  the  beginning  of 
each  school  year.  Each  certificate  shall  be  signed  by 
a  duly  licensed  physician  who  is  authorized  to  practice 
medicine  in  this  state,  and  shall  describe  the  condition 
of  the  pupil  when  the  examination  was  made,  which 
shall  not  be  more  than  thirty  days  prior  to  the  presen 
tation  of  such  certificate,  and  state  whether  such  pupil 
is  in  a  fit  condition  of  bodily  health  to  permit  his  or 
her  attendance  at  the  public  schools.  Such  certificate 
shall  be  submitted  within  thirty  days  to  the  principal 
or  teacher  having  charge  of  the  school  and  shall  be 
filed  with  the  clerk  of  the  district.  If  such  pupil  does 
not  present  a  health  certificate  as  herein  required,  the 
principal  or  teacher  in  charge  of  the  school  shall  cause 
a  notice  to  be  sent  to  the  parents  of  such  pupil  that  if 
the  required  health  certificate  is  not  furnished  within 
thirty  days  from  the  date  of  such  notice,  an  examina- 
tion will  be  made  of  such  pupil  as  provided  herein. 
(Added  by  L.  1913,  ch.  627,  in  effect  Aug.  1,  1913.) 


444 


The  Public  Health  Manual 


Examina- 
tion    by 
medical 
inspectors 


Record    of 
examina- 
tions; 
eye   and 
ear    tests 


§  573.  Examination  by  medical  inspectors.  Each 
principal  or  teacher  in  charge  of  a  public  school  shall 
report  to  the  medical  inspector  having  jurisdiction  over 
such  school  the  names  of  all  pupils  who  have  not  fur- 
nished health  certificates  as  provided  in  the  preceding 
section,  and  the  medical  inspector  shall  cause  such 
pupils  to  be  separately  and  carefully  examined  and 
tested  to  ascertain  whether  any  of  them  are  suffering 
from  defective  sight  or  hearing,  or  from  any  other 
physical  disability  tending  to  prevent  them  from  re- 
ceiving the  full  benefit  of  school  work,  or  requiring  a 
modification  of  such  work  to  prevent  injury  to  the 
pupils  or  to  receive  the  best  educational  results.  If  it 
be  ascertained  upon  such  test  or  examination  that  any 
of  such  pupils  are  inflicted  with  defective  sight  or  hear- 
ing or  other  physical  disability  as  above  described  the 
principal  or  teacher,  having  charge  of  such  school,  shall 
notify  the  parents  or  other  persons  with  whom  such 
pupils  are  living,  as  to  the  existence  of  such  defects 
and  physical  disability.  If  the  parents  or  guardians 
are  unable  or  unwilling  to  provide  the  necessary  relief 
and  treatment  for  such  pupils,  such  fact  shall  be  re- 
ported by  the  principal  or  teacher  to  the  medical  in- 
spector, whose  duty  it  shall  be  to  provide  relief  for  such 
pupils.  (Added  hj  L.  1913,  ch.  627,  in  effect  Aug.  1, 
1913.) 

§  574.  Record  of  examinations;  eye  and  ear  tests. 
Medical  inspectors  or  principals  and  teachers  in  charge 
of  public  schools  shall  make  eye  and  ear  tests  of  the 
pupils  in  such  schools  at  least  once  in  each  school  year. 
The  state  commissioner  of  health  shall  prescribe  the 
method  of  making  such  tests,  and  shall  furnish  general 
instruction  in  respect  to  such  tests.  The  commis- 
sioner of  education,  after  consultation'  with  the  state 
commissioner  of  health,  shall  prescribe  and  furnish  to 
the  school  authorities  suitable  rules  of  instruction  as  to 
tests  and  examinations  made  as  provided  in  this  article, 


Education  Law  445 

together  with  test  cards,  blanks,  record  books  and  other 
useful  appliances  for  carrying  out  the  purposes  of  this 
article.  The  commissioner  of  education  shall  provide 
for  pupils  in  the  normal  schools,  city  training  schools 
and  training  classes  instruction  and  practice  in  the  best 
methods  of  testing  the  sight  and  hearing  of  children. 
(Added  by  L.   1913,  ch.  627,  in  effect  Aug.  1,   1913.) 

§  5?5.  Existence  of  contagious  diseases;  return  after  Existence 
illness.     Whenever   upon   investigation   a   pupil    in   the  tagious 
public    schools    shows    symptoms    of    small-pox,    scarlet  diseases 
fever,  measles,  chicken-pox,  tuberculosis,  diphtheria,  in- 
fluenza,   tonsilitis,   whooping-cough,    mumps,    scabies    or 
trachoma,  he  shall  be  excluded  from  the  school  and  sent 
to  his  home  immediately,  in  a  safe  and  proper  convey- 
ance,  and  the  health   officer  of  the  city  or  town   shall 
be  immediately  notified  of  the  existence  of  such  disease. 
The  medical  inspector  shall  examine  each  pupil  return-  Return 
ing  to  a  school  without  a  certificate   from  the  health  jiiness 
officer  of  the  city  or  town,  or  the  family  physician,  after 
absence  on  account  of  illness  or  from  unknown  cause. 

Such  medical  inspectors  may  make  such  examinations 
of  teachers,  janitors  and  school  buildings  as  in  their 
opinion  the  protection  of  the  health  of  the  pupil  and 
teachers  may  require.  (Added  by  L.  1913,  ch.  627,  in 
effect  Aug.   1,   1913.) 

§    576.   Enforcement   of  law.     It   shall  be   the   duty  Ellforce; 

J    ment    of 

of  the  commissioner  of  education  to  enforce  the  pro-  law 
visions  of  this  article,  and  he  may  adopt  such  rules 
and  regulations  not  inconsistent  herewith,  after  con- 
sultation with  the  state  commissioner  of  health,  for 
the  purpose  of  carrying  into  full  force  and  effect  the 
objects  and  intent  of  this  article. 

He  may,  in  his  discretion,  withhold  the  public  money 
from  a  district  which  willfully  refuses  or  neglects  to 
comply  with  this  article,  and  the  rules  and  regulations 
made  hereunder.  (Added  by  L.  1913,  ch.  627,  in  effect 
Aug.    1,   1913.) 


446 


The  Public  Health  Manual 


State 
medical 
inspection 
of   schools 


§    577.    State    medical    inspection    of    schools.      The 

commissioner  of  education  shall  appoint  a  competent 
physician  who  has  been  in  the  actual  practice  of  his 
profession  for  a  period  of  at  least  five  years,  as  state 
medical  inspector  of  schools.  The  state  medical  in- 
spector of  schools,  under  the  supervision  of  the  com- 
missioner of  education,  shall  perform  such  duties  as 
may  be  required  for  carrying  out  the  provisions  of  this 
article.  The  said  medical  inspector  shall  be  appointed 
in  the  same  manner  as  other  employees  of  the  education 
department.  (Added  by  L.  1913,  ch.  627,  in  effect  Aug. 
1,  1913.) 


Duties   of 
parents    to 
compel 
school 
attend- 
ance 


Requiring  parents  and  guardians  to  compel  children  to 
attend  school 

§  624.  Duties  of  persons  in  parental  relation  to 
children.  Every  person  in  parental  relation  to  a  child 
within  the  compulsory  school  ages  and  in  proper  phy- 
sical and  mental  condition  to  attend  school,  shall  cause 
such  child  to  attend  upon  instruction,  as  follows: 

1.  In  cities  and  school  districts  having  a  population  of 
five  thousand  or  above,  every  child  between  seven  and 
sixteen  years  of  age  as  required  by  section  six  hundred 
and  twenty-one  of  this  act  unless  an  employment  cer- 
tificate shall  have  been  duly  issued  to  such  child  under 
the  provisions  of  the  labor  law  and  he  is  regularly  em- 
ployed thereunder. 

2.  Elsewhere  than  in  a  city  or  school  district  having 
a  population  of  five  thousand  or  above,  every  child  be- 
tween eight  and  sixteen  years  of  age,  unless  such  child 
shall  have  received  an  employment  certificate  duly 
issued  under  the  provisions  of  the  labor  law  and  is 
regularly  employed  thereunder  in  a  factory  or  mercan- 
tile establishment,  business  or  telegraph  office,  restau- 
rant, hotel,  apartment  house  or  in  the  distribution  or 
transmission  of  merchandise  or  messages,  or  unless  such 
child   shall  have  received   the   school  record  certificate 


Farms  and  Markets  Law  447 

issued  under  section  six  hundred  and  thirty  of  this  act 
and  is  regularly  employed  elsewhere  than  in  the  factory 
or  mercantile  establishment,  business  or  telegraph  office, 
restaurant,  hotel,  apartment  house  or  in  the  distribution 
or  transmission  of  merchandise  or  messages. 

Penalty  where  parents  do  not  compel  children  to  attend 

school 

§  625.  Penalty  for  failure  to  perform  parental  duty.  Penalty 
A    violation    of    section    six   hundred    and    twenty-four  ^  f^' 
shall    be    a     misdemeanor,    punishable     for    the     first  compel 

children 

offense  by  a  fine  not  exceeding  five  dollars,  or  five  days'  to  attend 
imprisonment,  and  for  each  subsequent  offense  by  a  fine  sch001 
not  exceeding  fifty  dollars,  or  by  imprisonment  not  ex- 
ceeding thirty  days,  or  by  both  such  fine  and  imprison- 
ment. Courts  of  special  session  and  police  magistrates 
shall,  subject  to  removal  as  provided  in  sections  fifty- 
seven  and  fifty-eight  of  the  code  of  criminal  procedure, 
have  exclusive  jurisdiction  in  the  first  instance  to  hear, 
try  and  determine  charges  of  violations  of  this  section 
within  their  respective  jurisdictions.* 

FARMS  AND  MARKETS  LAW 
(L.  1917,  ch.  802,  cons.  ch.  69  of  Cons.  Laws.) 

ARTICLE  II 

§  21.  Transfer  of  officers  and  employees  of  existing  Transfer 

°  of    officers 

departments.  The  officers  and  employees  of  the  depart-  and  em- 
inent of  agriculture  and  of  the  department  of  foods  Jf^exTst- 
and  markets,  and  the  state  superintendent  of  weights  ™s   de- 

•  j    Partments 

and  measures  and  the  officers  and  employees  appointed 

*  See  People  v.  Ekerold  (1914),  211  N.  Y.  386,  which  holds 
that  a  parent  keeping  his  child  out  of  school  by  a  refusal  to 
have  the  child  vaccinated,  so  that  the  school  authorities  can- 
not admit  the  child,  is  subject  to  these  penalties.  Also  see 
Shappee  v.  Curtis  (1911),  142  App.  Div.  155,  127  N.  Y.  Supp. 
33 


448  The  Public  Health  Manual 

by  him,  shall,  without  change  of  salary,  be  transferred 
to  the  department  of  farms  and  markets  and  continue 
in  office  subject  to  the  power  of  removal  or  the  ap- 
pointment of  their  successors  as  provided  in  this  act. 
Where  existing  powers  or  duties  of  an  officer  or  em- 
ployee of  the  department  of  health  are  by  this  chapter 
conferred  or  imposed  upon  the  department  of  farms 
and  markets,  such  officers  and  employees  shall,  without 
change  of  salary,  be  transferred  to  the  department  of 
farms  and  markets.  The  civil  service  commission  may, 
on  request  of  the  council,  determine  which  officers  and 
employees  of  the  department  of  health  shall  be  so 
transferred.  Services  in  the  departments  from  which 
such  transfers  are  made  shall  be  counted  as  services 
in  the  department  of  farms  and  markets.  The  council 
shall  assign  the  officers  and  employees  so  transferred 
to  duties  in  the  department. 

ARTICLE  V 

Effect  §  100.  Effect    on    existing    provisions    of    law.      The 

on  existing  provisions  of  the  agricultural  law,  except  so  far  as  the 

provisions       r  °  x 

of  law  same  are  in  conflict  or  inconsistent  with  the  provisions 

of  this  chapter,  are  continued  in  full  force  and  effect* 
and  the  powers  and  duties  of  the  agricultural  depart- 
ment and  the  commissioner  of  agriculture  under  such 
law  shall  be  exercised  and  performed  by  the  depart- 
ment of  farms  and  markets,  through  the  council  and 
the  appropriate  divisions  of  such  department,  under 
and  pursuant  to  the  provisions  of  this  chapter.  The 
provisions  of  article  two- a  of  the  general  business  law, 
as  added  by  chapter  two  hundred  and  forty-five  of  the 
laws  of  nineteen  hundred  and  fourteen  and  the  acts 
amendatory  thereof,  pertaining  to  foods  and  markets, 
are  continued  in  full  force  and  effect  except  so  far  as 
they  are  in  conflict  or  inconsistent  with  the  provisions 
of  this  chapter.    The  powers  and  duties  of  the  department 


Farms  and  Markets  Law  449 

of  foods  and  markets  and  of  the  commissioner  of  foods 
and  markets,  as  conferred  or  imposed  by  such  article 
of  the  general  business  law,  shall  be  exercised  and  per- 
formed by  the  department  of  farms  and  markets, 
through  the  council  and  the  appropriate  divisions  of 
such  department,  under  and  pursuant  to  the  provisions 
of  this  chapter.  *  *  *  The  provisions  of  article 
sixteen-a  of  the  public  health  law  and  the  acts  amenda- 
tory thereof,  relative  to  cold  storage,  and  the  provisions 
of  sections  forty,  forty-one,  forty-two,  forty-three,  forty- 
six,  forty-seven,  forty-eight,  forty-nine  and  fifty  of  the 
public  health  law,  and  the  acts  amendatory  thereof, 
are  continued  in  full  force  and  effect,  except  as  in 
conflict  or  inconsistent  with  this  chapter,  and  such 
provisions  shall  be  enforced  and  carried  into  effect  by 
the  department  of  farms  and  markets,  through  the 
council  and  the  appropriate  divisions  of  such  depart- 
ment under  and  pursuant  to  the  provisions  of  this 
chapter. 

§  101.  Wherever  the  terms  department  of  agricul- 
ture, commissioner  of  agriculture,  department  of  foods 
and  markets,  commissioner  of  foods  and  markets,  state 
superintendent  of  weights  and  measures,  or  state  com- 
missioner of  health,  shall  occur  in  any  law,  contract  or 
document,  such  terms  shall  be  deemed  to  mean  and  refer 
to  the  department  of  farms  and  markets  or  council  of 
farms  and,  markets  as  established  by  this  chapter,  so  far 
as  such  law,  contract  or  document  pertains  to  matters 
which  are  within  the  jurisdiction  of  such  department  or 
council  under  the  provisions  of  this  chapter. 

§  102.  Existing  rules  and  regulations  continued.    The  Existing 
rules   and  regulations  of  the  commissioner  of   agricul-  reguia- 
ture.  the  commissioner  of  foods  and  markets,  the  state  tlonxs 

continued 

commissioner  of  health  or  the  state  superintendent  of 
weights  and  measures,  pertaining  to  any  matter  within 
the  jurisdiction  of  the  department  of  farms  and  mar- 
kets under  this  chapter,  adopted  in  pursuance  of  any 
15 


450  The  Public  Health  Manual 

law,  the  duty  of  enforcing  which  is  imposed  upon  the 
department  of  farms  and  markets  as  provided  herein, 
shall  continue  in  full  force  and  effect  until  they  are 
modified,  amended  or  repealed  by  the  council  as  pro- 
vided by  this  chapter. 
Pending  §  1Q3-  Pending  actions  or  proceedings.     This  chapter 

actions   or    ghgji  not  affect  pending  actions  or  proceedings  brought 
ings  by  or  against  the  department  of  agriculture,  the  com- 

missioner of  agriculture,  the  department  of  foods  and 
markets,  the  commissioner  of  foods  and  markets,  the 
state  superintendent  of  weights  and  measures,  the  state 
commissioner  of  health,  or  any  other  officer,  person  or 
corporation,  or  by  or  in  behalf  of  the  people  of  the  state, 
under  or  in  pursuance  of  any  of  the  provisions  of  the 
laws  which  are  to  be  enforced  or  carried  into  effect 
under  the  provisions  of  this  chapter  by  the  department 
of  farms  and  markets,  but  the  same  may  be  prosecuted 
or  defended  in  the  same  manner  and  for  the  same  pur- 
pose by  the  department  of  farms  and  markets,  or  by 
the  proper  officer  or  party,  under  the  provisions  of 
this  chapter.  Any  investigation,  examination  or 
proceeding  undertaken,  commenced  or  instituted  by  the 
department  of  agriculture,  the  commissioner  of  agri- 
culture, the  department  of  foods  and  markets,  the  com- 
missioner of  foods  and  markets,  the  state  superin- 
tendent of  weights  and  measures,  the  state  commis- 
sioner of  health,  or  any  other  officer,  under  the  pro- 
visions of  the  laws  which  are  to  be  enforced  or  carried 
into  effect  as  provided  in  this  chapter  by  the  depart- 
ment of  farms  and  markets,  may  be  conducted  or  con- 
tinued to  a  final  determination  by  the  department  of 
farms  and  markets  or  council  of  farms  and  markets, 
or  a  commissioner  or  other  proper  officer  of  such  de- 
partment, in  the  same  manner  and  under  the  same 
terms  and  conditions  as  though  this  chapter  had  not 
heen  passed. 


General  Business  Law  451 

FOOD    COMMISSION 

(L.   1917,  ch.  813,  in  effect  August  29,  1917.) 

§  15.  Other    powers    of    the    commission.      The   food 

commission  shall  also  have  the  following  powers: 

*********** 

(c)    To  make  and  promulgate  such  rules  relating  to  Destruc- 

governing  the  destruction  of  food  on  the  order  of  any  **°^  °f 

public  health   officer    as   may  be  necessary   to   prevent  health 

waste  and  destruction  of  sound  and  marketable  food; 
*********** 

FOOD 

Adulterations.  Public  Health  Law,  Art.  4  (p.  51). 
Cold  storage.  Public  Health  Law,  Art.  16-a  (p.  226). 
Disposing  of  tainted.  Penal  Law,  §  1750'  (p.  522). 
Adulterated.  Penal  Law,  §  1748  (p.  522).  Prepara- 
tion and  service.  Public  Health  Law,  Art.  17-a  (p. 
232).     Wilfully  poisoning.     Penal  Law,  §  1760  (p.  524). 

GARBAGE  AND  ASHES 

Operation  of  crematories  and  disposal  of  garbage 
General  City  Law,  §  17.  Removal  and  disposition,  pro- 
vision for  by  trustees.  Village  Law,  §  89  (p.  567).  Dis- 
position of,  in  villages.  Village  Law,  §§  344-346.  Col- 
lection and  disposition  in  towns.  Town  Law,  §§  32*0- 
322  (p.  562).  Deposit  in  Lake  George  or  Sehroon  Lake. 
Navigation  Law,  §  52.  Garbage  disposal  works  to  be 
approved  by  Commissioner  of  Health.  Public  Health 
Law,  §   14    (p.  20). 

GENERAL   BUSINESS   LAW 

(L.  1909,  ch.  25,  const,  ch.  20  of  Cons.  Laws.) 
§  270.  Unlawful  detention  of  milk  cans.     Making  it 
unlawful  to  use,  sell,  dispose  of,  buy  or  traffic  in  any 
can,   irrespective  of   its   condition,   or  use  to   which  it 


452  The  Public  Health  Manual 

may  have  been  applied,  belonging  to  any  dealer  or 
shipper  of  milk  or  cream,  when  can  bears  name  or 
initials  of  owner, 
niuminat-  §  304-  Standard  and  storage  of  illuminating  oils, 
ins  oils  £j-Q  person  shall  manufacture  or  have  in  his  possession 
or  sell  or  give  away  for  illuminating  or  heating  pur- 
poses in  lamps  or  stoves  within  this  state,  any  oil  or 
burning  fluid  wholly  or  partly  composed  of  naphtha, 
coal  oil,  petroleum  or  products  thereof,  or  of  other  sub- 
stances or  materials  emitting  an  inflammable  vapor 
which  will  flash  at  a  temperature  below  one  hundred 
degrees  Fahrenheit,  according  to  the  instruments  and 
tests  approved  by  the  state  board  of  health. 

No  such  oil  or  fluid  which  will  ignite  at  a  tempera- 
ture below  three  hundred  degrees  Fahrenheit  shall  be 
burned  or  be  carried  as  freight  in  any  passenger  or 
baggage  car  or  passenger  boat  moved  by  steam  or 
electric  power  in  this  state,  or  in  any  stage  or  street 
car,  however  propelled,  except  that  coal  oil,  petroleum 
and  its  products  may  be  carried,  when  securely  packed 
in  barrels  or  metallic  packages,  in  passenger  boats  pro- 
pelled by  steam  when  there  are  no  other  public  mean3 
of  transportation. 

The  state  board  of  health  shall  prescribe  the  tests 
and  instruments  by  which  such  oils  and  fluids  shall  be 
tested,  and  shall  adopt  such  measures  to  enforce  the 
provisions  of  this  section  and  such  rules  and  regula- 
tions for  collecting,  examining  and  testing  samples  of 
such  oils  and  fluids  as  to  them  may  seem  necessary. 
The  public  analysts  employed  by  or  under  the  direction 
of  such  board  shall  test  the  samples  of  such  oils  and 
fluids  as  may  be  submitted  to  them  under  the  rules  of 
the  board,  for  which  they  shall  receive  such  reasonable 
compensation  as  the  board  may  allow. 

Naphtha  and  other  illuminating  products  of  petro- 
leum which  will  not  stand  the  flash  test  required  by 


General  Business  Law  453 

this  section,  may  be  used  for  illuminating  or  heating 
purposes  only  in  the  following  cases: 

1.  In  street  lamps  and  open  air  receptacles  apart 
from  any  building,  factory  or  inhabited  house  in  which 
the  vapor  is  burned. 

2.  In  dwellings,  factories  or  other  places  .of  business 
when  vaporized  in  secure  tanks  or  metallic  generators 
made  for  that  purpose,  in  which  the  vapor  so  generated 
is  used  for  lighting  or  heating. 

3.  For  use  in  the  manufacture  of  illuminating  gas  in 
gas  manufactories  situated  apart  from  dwellings  and 
other  buildings. 

Any  person  violating  any  provision  of  this  section 
shall  forfeit  to  the  city  or  village,  or  if  not  in  a  city  or 
village  to  the  town  in  which  the  violation  occurs,  the 
sum  of  one  hundred  dollars  for  every  such  violation, 
and  for  every  day  or  part  of  a  day  that  such  violation 
occurs. 

This  section  shall  not  apply  to  the  city  of  New  York, 
and  shall  not  supersede  but  shall  be  in  addition  to  the 
ordinances  or  regulations  of  any  city  or  village  made 
pursuant  to  law  for  the  inspection  or  control  of  com- 
bustible materials  therein. 

ARTICLE  25-b 

Mattresses,    upholstered    box-springs    and    metal    bed- 
springs 

(Added  by  L.  1918,  ch.  369,  in  effect  October  30,  1918.) 

Section  389-m.  Definitions. 

389-n.    Prohibition   as  to  manufacture. 
389-o.    Prohibition  as  to  sale. 
389-p.    Tagging  when  new ;  idem  "  second-hand." 
389-q.    Tagging  "  remade  or  renovated." 
389-r.    Tag,  how  made  and  attached. 
389-s.    Removing,  defacing  or  altering  tag  pro- 
hibited. 


454 


The  Public  Health  Manual 


Section  389-t.     Industrial  commission  to  enforce  article. 
389-u.    Approval   or    disapproval    of   process    of 

sterilization. 
389-v.    Complaints. 
389-w.    Violation    a  misdemeanor. 


Mattress 
defined 


Uphol- 
stered 
box-spring 
defined 


Metal    bed 

spring 

defined 


Second- 
hand 
material 
defined 


Prohibition. 
as    to 
manu- 
facture 


Prohibition 
as    to    sale 


Tagging 

when    new 


§  38.9-m.  Definitions.     Whenever  used  in  this  article: 

The  term  "  mattress "  means  any  mattress,  pillow, 
cushion,  muff  bed,  down  quilt,  quilted  bed  mattress, 
mattress  pad,  comforter,  bunk  quilt  or  pad,  or  bed 
quilt ; 

The  term  "  upholstered  box-spring  "  means  any  metal 
spring  placed  or  built  upon  a  metal  or  wooden  frame, 
covered  with  felt  or  other  material,  and  encased  in  a 
covering  or  ticking; 

The  term  "  metal  bed-spring  "  means  any  metal  bed- 
spring,  metal  couch,  metal  folding  bed,  metal  cot,  metal 
cradle  or  metal  bassinet;    and 

The  term  "  second-hand  material "  means  any  ma- 
terial which  has  been  used  on,  for  or  about  the  person, 
or  in  any  mattress,  upholstered  box-spring  or  metal 
bed-spring. 

§  389-n.  Prohibition  as  to  manufacture.  No  person 
shall,  in  the  making,  remaking  or  renovating  of  any 
mattress,  upholstered  box-spring  or  metal  bed-spring 
for  sale,  use  any  second-hand  material  which  has  not 
been  thoroughly  sterilized  by  a  process  prescribed  or 
approved  by  the  state  department  of  health. 

§  389-o.  Prohibition  as  to  sale.  ISTo  person  shall  sell, 
or  offer,  deliver  or  consign  for  sale,  any  mattress,  up- 
holstered box-spring  or  metal  bed-spring,  in  the  making, 
remaking  or  renovating  of  which  there  has  been  used 
any  second-hand  material  which  has  not  been  thor- 
oughly sterilized  by  a  process  prescribed  or  approved 
by  the  state  department  of  health. 

§  389-p.  Tagging  when  new;  idem  "second-hand." 
No   person    shall   directly   or   indirectly    sell,   or    offer, 


General  Business  Law  455 

deliver   or   consign  for   sale  or  have  in  his  possession 
with  intent  to  so  sell,  offer,  deliver  or  consign: 

(a)  Any  mattress,  upholstered  box-spring  or  metal 
bed-spring  which  contains  only  new  material,  unless 
there  is  attached  thereto  a  white  tag  specifying 

( 1 )  The  name  and  address  either  of  the  manufac- 
turer or  of  the  vendor  or  of  the  successive  vendors,  and 

(2)  In  the  case  of  a  mattress  the  kind  of  material 
used,  and  that  all  the  material  used  is  new,  in  case 
of  an  upholstered  box-spring,  the  kind  of  filling  used, 
and  that  all  the  material  used  is  new,  and  in  the  case 
of  a  metal  bed-spring  that  all  the  material  used  is 
new ;    or 

(b)  Any  mattress,   upholstered  box-spring  or   metal  Tagging 
bed-spring   which    contains    any    second-hand    material,  ^,®^d_ 
unless  there  is  attached  thereto   a  yellow  tag  bearing  hand 
the   words    "  second-hand "    and    specifying 

( 1 )  The  name   and   address   either   of  the  manufao-  Tagging 
turer  or  of  the  vendor  or  of  the  successive  vendors;  second- 

(2)  The   date    of    sterilization    of   the   material    and  nand 
the   name    and    address    of    the    person    sterilizing    the 
same ; 

(3)  In  the  case  of  a  mattress  the  kind  of  material 
used,  and 

(4)  In  the  case  of  an  upholstered  box-spring,  the 
kind   of  filling  used. 

§  389-q.  Tagging  "  remade  or  renovated."    No  person  Tagging 
shall    directly    or    indirectly    redeliver    to    the    owner  0Tve™^e 
thereof,    or  have   in   his   possession   with   intent   to   so  ovated " 
redeliver,  any  mattress,  upholstered  box-spring  or  metal 
bed-spring,  which  has  been  remade  or  renovated  unless 
there  is  attached  thereto  a  blue  tax  bearing  the  words 
"  remade  or  renovated,"  and  specifying 

( 1 )  The  name  and  address  of  the  person  remaking  or 
renovating  the  same,  and 

(2)  The  date  of  sterilization  of  the  material  and  the 
name  and  address  of  the  person  sterilizing  the  same. 


The  Public  Health  Manual 


§  389-r.  Tag,  how  made  and  attached.  Whenever  a 
tag  is  required  by  this  article  it  shall  be  made  of  mus- 
lin, linen  or  other  material  of  like  durability,  shall  be 
legibly  printed,  stamped  or  written  in  the  English 
language  and  in  letters  at  least  one-eighth  of  an  inch 
in  height,  and  shall,  in  the  case  of  a  mattress  or  up- 
holstered box-spring,  be  prominently  and  securely  sewed 
thereon,  and  in  the  case  of  a  metal  bed-spring,  be 
prominently  and  securely  affixed  thereto. 

§  389-s.  Removing,  defacing  or  altering  tag  pro- 
hibited. No  person  shall  remove,  deface  or  alter,  or 
cause  to  be  removed,  defaced  or  altered  any  tag  placed 
upon  any  mattress,  upholstered  box-spring  or  metal 
bed-spring  as  required  by  this  article. 

§  389-t.  Industrial  commission  to  enforce  article. 
Every  place  where  mattresses,  upholstered  box-springs 
or  metal  bed-springs  are  made,  remade  or  renovated,  or 
materials  therefor  prepared  or  sterilized,  or  where  such 
articles  or  materials  are  sold  or  offered,  delivered  or 
consigned  for  sale,  or  held  in  possession  with  intent  so 
to  sell,  offer,  deliver  or  consign,  shall  be  subject  to  the 
supervision  and  inspection  of  the  industrial  commis- 
sion, which  shall  also  have  power  to  supervise  and  in- 
spect the  manufacture  and  sale  of  the  articles  covered 
by  this  act,  and  to  prosecute  violations  thereof. 

§  389-u.  Approval  or  disapproval  of  process  of  steril- 
ization. The  state  department  of  health  shall,  within 
sixty  days  after  any  process  for  the  sterilization  of  sec- 
ond-hand material  has  been  submitted  to  it  as  herein 
provided,  approve  such  process  if  it  finds  it  reasonably 
effective,  and  otherwise  shall  disapprove  it  and  state 
the  reasons  for  such  action. 

§  389-v.  Complaints.  Any  person  who  has  reason  to 
believe  that  this  article  has  been  or  is  being  violated 
may  present  the  facts  to  the  industrial  commission  and 
it  shall  be  the  duty  of  the  commission  to  investigate 
the  same  and  to  institute  a  prosecution  if  it  finds  rea- 


Genekal  City  Law  457 

sonable  cause  to  believe  that  there  has  been  such  vio- 
lation. Any  individual  may  institute  proceedings  to 
enforce  this  article  and  punish  any  violation  thereof 
in  the  county  where  such  violation  occurs. 

§  3'89-w.  Violation  a  misdemeanor.  Any  person  who  violation  a 
violates  any  provision  of  this  article  is  guilty  of  a  meanor 
misdemeanor.  The  unit  for  each  separate  and  distinct 
misdemeanor  in  violation  of  this  article  shall  be  each 
mattress,  upholstered  box-spring  or  metal  bed-spring, 
made,  remade  or  renovated,  sold,  or  offered,  delivered, 
or  consigned  for  sale,  or  delivered,  or  possessed  with 
intent  so  to  sell,  offer,  deliver  or  consign,  contrary  to 
the  provisions  of  this  article. 

GENERAL   CITY  LAW 

(L.  1909,  ch.  26,  cons.  ch.  21  of  Cons.  Laws.) 

§  17.  Operation  of  crematories  for  disposal  of  gar- 
bage. Shall  be  operated  without  offense  or  danger  to 
persons  residing  in  neighborhood. 

§  20.  Grant  of  specific  powers.  Subd.  7  grants  power 
to  establish  sewer  systems,  water  supply  systems,  etc. 

§  40.  Examining  boards  of  plumbers  in  cities.  The 
existing  boards  for  the  examination  of  plumbers  in 
cities  of  this  state  are  continued  and  each  shall  here- 
after be  known  as  the  examining  board  of  plumbers. 
Such  board  in  each  city  shall  continue  to  consist  of  five 
persons  to  be  appointed  by  the  mayor,  of  whom  two 
shall  be  employing  or  master  plumbers  of  not  less  than 
ten  years'  experience  in  the  business  of  plumbing,  and 
one  shall  be  a  journeyman  plumber  of  like  experience, 
and  the  other  members  of  such  board  shall  be  the  chief 
inspector  of  plumbing  and  drainage  of  the  board  of 
health  of  such  city,  or  officer  performing  the  duties  of 
such  inspector,  and  the  chief  engineer  having  charge 
of  sewers  in  such  city,  but  in  the  event  of  there  being 
no  such  officers  in  such  city,  then  any  two  other  officers 


458 


The  Public  Health  Manual 


having  charge  or  supervision  of  the  plumbing,  drainage 
or  sewerage,  whom  the  mayor  shall  designate  or  ap- 
point, or  two  members  of  the  board  of  health  of  such 
city  having  like  duties  or  acting  in  like  capacities. 

§  41.     Term  of  office;  vacancies. 
§  44-1.     Powers  and  duties. 

§  45.     Examinations;     conducting    business    without 
certificate  prohibited. 

§  45-a.     Corporations  may  conduct  business. 


ARTICLE   IV 

§  45-b.  Further  requirements  relating  to  the  business 

Plumbing;  a  *  6 

"Licensed     of    plumbing.      1.  No   person    otherwise    qualified   shall 

plumber  "  engage  in  the  trade,  business  or  calling  of  a  plumber  or 
of  plumbing  in  a  city  of  this  state  as  employing  or 
master  plumber  until  he  has  first  procured  from  the 
board  or  department  of  health  in  such  city  or  in  the 
city  of  New  York,  from  the  examining  board  of 
plumbers  a  metal  plate  or  sign  appropriately  lettered 
or  marked  "  licensed  plumber ; "  such  plate  or  sign  to 
be  conspicuously  posted  in  the  window  of  the  place 
where  such  business  is  conducted.  Any  person  retir- 
ing, abandoning  or  not  actually  engaged  in  such  trade, 
business  or  calling  hereinbefore  mentioned,  shall  sur- 
render to  the  board  or  department  of  health  of  the 
city,  or  in  the  city  of  New  York,  to  the  examining 
board  of  plumbers  such  metal  plate  or  sign  and  shall  not 
again  engage  in  such  trade,  business  or  calling  until 
he  has  again  procured  a  metal  sign  as  herein  provided. 
2.  Within  thirty  days  after  this  section  takes  effect, 
ing  board  the  board  or  department  of  health  in  every  city  of  this 
t«°i_Prepare  state  and  in  the  city  of  New  York,  the  examining  board 
of  plumbers  shall  prepare  metal  plates  or  signs,  at 
least  fourteen  inches  wide  and  not  less  than  twenty-two 
inches  in  length  appropriately  lettered  or  marked 
"  licensed  plumber,"  the  lines  of  each  letter  to  be  four 


aigns 


General  City  Law  459 

inches  long  and  five-eighths  of  an  inch  wide;  such 
plate  or  sign  shall,  on  some  part  thereof,  contain  an 
identification  number,  which  number  together  with  the 
name  and  location  of  the  place  of  business  of  the 
person  to  whom  issued  shall  be  recorded  in  the  office 
of  such  board  or  department  of  health  or  such  exam- 
ining board  of  plumbers  in  the  city  of  New  York. 
Every  person  now  actually  engaged  or  about  to  engage 
in  the  trade,  business  or  calling  of  a  plumber  or  of  Fee  for 
plumbing  as  employing  or  master  plumber,  who  has  sisn 
otherwise  complied  with  the  provisions  of  law  relating 
to  the  conduct  of  such  business  upon  the  payment  of 
five  dollars  to  the  board  or  department  of  health  of 
such  city  or  in  the  city  of  New  York  to  the  examining 
board  of  plumbers  shall  have  issued  to  him  a  sign  or 
plate  hereinbefore  described.  Any  person  to  whom  such 
plate  or  sign  has  been  issued  who  shall  loan,  rent,  sell 
or  transfer  the  same  to  another  person  whether  such 
person  be  entitled  to  receive  a  similar  plate  or  sign  or 
not,  or  otherwise  wilfully  violates  the  provisions  of  this  penalties 
section  forfeits  his  license  and  certificate  of  qualifica-  for  vi°ia- 

■      '•        ii      tions 

tions  and  shall  be  guilty  of  a  misdemeanor  punishable 
by  a  fine  of  not  exceeding  fifty  dollars  for  the  first 
offense,  and  not  less  than  one  hundred  nor  more  than 
five  hundred  for  a  subsequent  offense. 

The  provisions  of  this  section  shall  apply  to  all  cities 
of  the  state,  including  the  city  of  New  York.  (Added 
by  L.  1916,  ch.  305,  in  effect  Sept.  1,  1916.) 

§  48.     Inspectors;  qualifications;  notice. 

§  51.     Notice  of  violation  of  rules. 

§  53.  Plumbing  and  drainage  to  be  executed  accord- 
ing to  rules. 

§  55.     Violations,  how  punished. 

§  56.  Issue  of  licenses  to  connect  with  sewers  and 
water  mains  restricted.  Estabiisn- 

ment    of 

§  140.  Establishment    of   hospitals.      A    city    of    the  tuber- 
first  class  shall  have  power  whenever  its  board  of  health  hospital 


460 


The  Public  Health  Manual 


Site    out 
side   of 
city     or 
village 


shall  deem  it  necessary  for  the  promotion  of  the  health 
of  its  inhabitants,  to  establish,  equip,  and  maintain, 
outside  of  its  corporate  limits,  and  not  within  the 
limits  of  any  other  city  or  any  village,  a  hospital  or 
hospitals  for  the  regular  treatment  of  the  disease  known 
as  pulmonary  tuberculosis. 

§  141.  Selection  of  site.  Whenever  a  city  of  the 
first  class  shall  desire  to  exercise  the  power  conferred 
by  this  article  it  shall  through  its  board  of  health, 
select  such  locality  outside  of  its  corporate  limits,  but 
within  the  state,  and  not  within  the  corporate  limits 
of  any  other  city  or  any  village,  as  it  may  consider 
best  adapted  by  reason  of  climatic  and  other  conditions 
for  the  treatment  of  such  disease,  and  shall  make  ap- 
plication to  the  state  board  of  health  for  the  approval 
of  the  site  so  selected.  Upon  such  approval  being  given 
the  city  may  acquire  title  to  such  lands  as  its  board  of 
health  may  designate,  within  the  limits  of  the  locality 
submitted  to  and  approved  by  the  state  board  of  health. 
The  provisions  of  law  relating  to  the  acquiring  of  pri- 
vate property  for  public  purposes  are  hereby  made  ap- 
plicable as  far  as  may  be  necessary  to  the  acquiring 
of  title  to  such  lands. 

§  142.  Jurisdiction  of  local  board  of  health.  All  hos- 
locai  °board  P^als  or  institutions  now  or  hereafter  established  or 
of  health  maintained  by  any  city  of  the  first  class  for  the  regular 
or  special  treatment  of  persons  suffering  from  the  dis- 
ease known  as  pulmonary  tuberculosis  shall  be  subject 
to  the  approval  of  the  local  board  of  health;  special 
wards  or  pavilions  for  the  treatment  of  cases  of  pul- 
monary tuberculosis  in  existing  hospitals  shall  be  pro- 
vided with  separate  nurses,  cooking  utensils,  washing 
and  plumbing  facilities. 


Approval 
of    state 
depart- 
ment   of 
health 


Jurisdic- 


General  Corporation  Law  461 

GENERAL  CORPORATION  LAW 

(L.  1909,  ch.  28,  cons.  ch.  23  of  the  Cons.  Laws.) 

ARTICLE  g-a 

Forfeiture    of    charter    or   revocation    of    certificate   of 
authority,   for   maintaining   a   nuisance 

Section  200.  Forfeiture  of  charter  or  revocation  of  cer- 
tificate of  authority  of  corporations  main- 
taining nuisances  generated  in  another 
state. 

201.  Reinstatement. 

202.  Application  of  article. 

§  200.  Forfeiture  of  charter  or  revocation  of  certifi- 
cate of  authority  of  corporations  maintaining  nuisances 
generated  in  another  state.     Any  corporation  organized 
under  the  laws  of  this  or  any  other  state  which  shall 
so  conduct  its  business,  without  the  state,  by  the  emis- 
sion or  discharge  of  dust,  smoke,  gas,  steam  or  offen-  Discharge 
sive,  noisome  or  noxious  odors  or  fumes,  so  as  to  unrea-  dust  me£.\, 
sonably  injure  or  endanger  the  health  or  safety  in  this  nuisance 
state  of  any  considerable  number  of  the  people  of  this 
state,   shall  be  deemed  guilty   of   a  nuisance   and  the 
charter  of  such  corporation,  if  incorporated  by  or  under 
any  law  of  this  state  shall  be  deemed  forfeited  in  the 
manner  prescribed  in-  this  section,  or  its  certificate  of 
authority  to  do  business  in  this  state,  if  incorporated 
or  formed  under  the  laws  of  any  other  state,  shall  be  Forfeiture 
deemed  revoked  and  annulled  in  the  manner  prescribed  of  charter 
in  this  section,  and  in  either  case  shall  not  be  revived, 
except  as  prescribed  in  the  next  section.     Complaints  complaints 
may  be  made  to  the  state  commissioner  of  health  by  t0  com- 

"  "    missioner 

any   person,    association    or    corporation    aggrieved,    by  of  health 
petition  or  complaint  in  writing,  setting  forth  any  act 
or  thing  done  or  omitted  to  be  done  claimed  to  con- 


462 


The  Public  Health  Manual 


Charges 


Investiga- 
tion 


Hearing 


Findings 
filed    with 
attorney- 
general 


Certifi- 
cate   of 
secretary 
of  state 


Suspen- 
sion of 
charter 


stitute  a  nuisance  within  the  provisions  of  this  sec- 
tion. Upon  the  presentation  of  such  a  complaint,  the 
state  commissioner  of  health  shall  cause  a  copy  thereof 
to  be  served  upon  the  corporation  complained  of,  in 
the  manner  provided  by  law  for  the  service  of  a  sum- 
mons, accompanied  by  a  notice,  directed  to  such  cor- 
poration, requiring  that  the  matters  complained  of  be 
abated,  or  that  the  charges  be  answered  in  writing 
within  a  time  to  be  specified  by  such  commissioner. 
If  the  charges  contained  in  such  complaint  be  not  thus 
satisfied  and  it  shall  appear  to  such  commissioner  of 
health  that  there  are  reasonable  grounds  therefor,  he 
shall  cause  such  charges  to  be  investigated  in  such 
manner  and  by  such  means  as  he  shall  deem  proper 
and  fix  a  time  for  a  hearing  upon  such  complaint  and 
cause  notice  thereof  to  be  forwarded  to  the  complain- 
ant and  the  corporation  complained  of.  If  the  state 
commissioner  of  health,  or  his  successor,  after  such 
notice  to  such  corporation,  and  an  opportunity  for  a 
hearing  being  given  to  it,  shall  find  that  such  corpora- 
tion is  so  conducting  its  business,  without  the  state, 
as  to  unreasonably  injure  or  endanger  the  health  or 
safety  in  this  state  of  any  considerable  number  of 
people  of  this  state,  he  shall  file  such  findings  in  dupli- 
cate in  the  offices  of  the  secretary  of  state  and  the 
attorney-general.  A  certificate  of  the  secretary  of  state 
giving  notice  of  the  filing  of  such  findings  shall  be 
served  upon  the  corporation,  or  upon  the  designated 
agent  of  a  foreign  corporation  authorized  to  do  busi- 
ness in  this  state,  and  thereupon  the  charter  of  such 
corporation  if  incorporated  by  or  under  any  law  of  this 
state,  or  its  certificate  of  authority  to  do  business  in 
this  state,  if  incorporated  or  formed  under  the  laws  of 
any  other  state,  shall  be  suspended  for  the  period  of 
thirty  days.  Any  person  who  shall  exercise  or  attempt 
to  exercise  any  powers  under  the  charter  of  any  corpo- 


General  Corporation  Law  463 

ration  or  by  virtue  of  a  certificate  of  authority  which 
has  been  so  suspended,  during  the  period  of  such  sus- 
pension, shall  be  guilty  of  a  misdemeanor.  If  at  the 
expiration  of  such  period  the  state  commissioner  of 
health  upon  further  proof  and  opportunity  to  such  Additional 
offending  corporation  to  be  heard  shall  find  and  deter-  hearing° 
mine  that  such  corporation  continues  to  conduct  its 
business  so  as  to  constitute  such  nuisance,  he  shall 
cause  a  notice  of  such  determination  to  be  served  upon 
the  corporation,  or  upon  the  designated  agent  of  a 
foreign  corporation  authorized  to  do  business  in  this 
state,  and  published  once  a  week  for  two  successive 
weeks  in  the  official  state  paper.  On  the  tenth  day  Forfeiture 
after  such  service  and  publication  the  charter  of  such  ° 
corporation,  if  incorporated  by  or  under  any  law  of 
this  state,  shall  be  deemed  forfeited  or  its  certificate  of 
authority  to  do  business  in  this  state,  if  incorporated 
or  formed  under  the  laws  of  any  other  state,  shall  be 
deemed  to  be  revoked  and  canceled.  Any  person  who 
shall  exercise  or  attempt  to  exercise  any  powers  under 
the  charter  of  any  corporation  which  has  been  so  for- 
feited or  by  virtue  of  a  certificate  of  authority  which 
has  been  so  revoked,  shall  be  guilty  of  a  misdemeanor. 
If,  pursuant  to  this  section,  the  charter  of  a  domestic  Appoint- 
corporation  be  forfeited,  the  attorney-general  shall  receiver 
forthwith  apply  to  the  supreme  court,  for  the  appoint- 
ment of  a  receiver  of  its  property,  who  shall  have  all 
the  powers  and  duties,  so  far  as  practicable,  prescribed 
by  articles  ten-A  and  eleven  of  the  general  corpora- 
tion law.  (Added  by  L.  1917,  ch.  292,  in  effect  May  1, 
1917.) 

§  201.  Reinstatement.      When*    any    corporation    has  Reinstate- 
ceased  to  perform  the  acts  or  maintain  the  nuisance  by 
reason   of  which  its  charter  has  been  forfeited   or  its 
certificate  of  authority  revoked,  and  shall  satisfactorily 
guarantee  that  it  will  not  perform  such  acts  or  main- 


464 


The  Public  Health  Manual 


Petition     to 
state    com- 
missioner 
of   health 


Investiga- 
tion 


Findings 
filed    with 
secretary 
of    state 
and 

attorney- 
general 


Certificate 
of    secre- 
tary   of 
state 


Mot     appli- 
cable   to 
railroad    or 
steamboat 
lines 


tain  such  nuisance  in  the  future,  the  charter  or  certifi- 
cate of  authority  of  such  corporation  may  be  revived  in 
the  manner  prescribed  in  this  section  with  the  same 
force  and  effect  as  if  such  charter  had  not  been  for- 
feited or  such  certificate  revoked.  If  such  corpora- 
tion shall  file  a  petition  in  writing  with  the  state  com- 
missioner of  health  setting  forth  that  the  nuisance  in 
fact  no  longer  exists  and  it  shall  appear  that  there 
are  reasonable  grounds  therefor,  such  commissioner  of 
health  shall  cause  an  investigation  to  be  made  in  such 
manner  and  by  such  means  as  he  shall  deem  proper, 
and  if  after  such  investigation,  he  shall  find  and  certify 
that  such  corporation  has  ceased  to  conduct  its  business 
so  as  to  constitute  such  nuisance  and  shall  file  such 
findings  in  duplicate  in  the  offices  of  the  secretary  of 
state  and  attorney-general,  the  charter  or  certificate  of 
authority  of  such  corporation  shall  be  deemed  to  be 
revived  with  full  force  and  effect.  A  supplemental  cer- 
tificate of  the  secretary  of  state  shall  be  served  and 
published  in  like  manner,  and  upon  such  service  and 
publication,  such  revival  shall  become  effective.  Such 
revival  shall  not,  however,  prevent  a  subsequent  for- 
feiture or  revocation  of  the  charter  or  certificate  of  the 
same  corporation  for  the  same  or  similar  offense.  This 
article  shall  not  be  deemed  to  apply  to  a  corporation 
organized  and  existing  under  the  laws  of  the  state  of 
New  York  and  subject  to  the  jurisdiction  of  the  public 
service  commission  under  the  public  service  commissions 
law  or  principally  engaged  in  furnishing  power  to  such 
public  service  corporation.  (Added  by  L.  1917,  ch.  292, 
in  effect  May  1,  1917.) 

§  202.  Application  of  article.  This  article  shall  not 
apply  to  corporations  operating  railroad  or  steamboat 
lines.  (Added  by  L.  1917,  ch.  292,  in  effect  May  1', 
1917.) 


General  Municipal  Law  465 

GENERAL  MUNICIPAL  LAW 

(L.  1909,  ch.  29,  const,  eh.  24  of  Cons.  Laws.) 

§  81.  Peddling    and   hawking    farm    produce.*       The  Peddling 
governing  board  of  a  municipal  corporation  shall  not  by  ^  faramk~ 
ordinance    or   otherwise   regulate    or   prohibit   the   pur-  produce; 

license 

suit  or  exercise  of  hawking  and  peddling  farm  produce  forbidden 
except  hay  and  straw  within  the  limits  of  any  such 
municipal  corporation,  if  such  farm  produce  is  hawked 
or  peddled  by  the  producer  thereof,  or  his  servants  or 
employees;  nor  shall  the  governing  board  of  any  such 
municipal  corporation  pass  an  ordinance  requiring  such 
producer  of  farm  produce  to  secure  a  license  for  peddling 
and  hawking  such  farm  produce  within  the  limits  of 
such  municipal  corporation.  Nothing  contained  herein 
shall  affect  any  pending  action  or  proceeding  to  recover 
penalties  imposed  for  violations  of  existing  ordinances 
and  regulations.  Nothing  in  this  section  shall  be  con- 
strued to  permit  wagons  from  which  farm  products  is 
sold  to  stand  in  front  of  stores  or  private  residences 
for  a  longer  time  than  may  be  necessary  for  the  sale 
and  delivery  of  produce  purchased  by  the  occupants  of 
such  stores  or  residences;  nor  to  permit  the  congregat- 
ing of  such  wagons  upon  any  street  or  thoroughfare  not 
set  apart  by  the  municipality  as  a  public  market  for 
the  sale  of  farm  produce.  This  section  shall  not  apply 
to  cities  of  the  first  class. 

§  120.  Contracts  for  purification  of  water  and  sewer-  Purifica- 
age.     The  locai  authorities  of  the  several  cities,  towns  water   and 
and  villages  of  the  state  having  charge  of  the  supply  sewas® 
of  water  and  the  care  of  sewerage  in  their  respective 
localities,    are    hereby    authorized,    on    behalf    of    their 
cities,   towns   and   villages,   respectively,   to   enter   into 
contracts  with  the  owners  of  any  process  or  apparatus 
for    the    purification    of   water    and    sewerage   whether 
protected  by  patents  or  not,  and  either  contract  for  the 


See  Town  Law,  §  210,  p.  544,  and  Village  Law,  §  91,  p.  569 


466  The  Public  Health  Manual 

use  of  apparatus  and  process  for  a  term  of  years  or 
for  the  purchase  of  the  same,  as  to  them  shall  seem 
advisable.  It  shall  be  lawful  for  any  two  or  more  of 
such  municipalities  in  this  state,  excepting  only  cities 
of  the  first  and  second  class,  without  regard  to  the 
form  of  their  incorporation,  including  towns  or  sewer 
districts  of  towns,  to  jointly  construct,  provide,  main- 
tain and  operate  a  comprehensive  system  of  sewerage 
including  trunk  lines  and  laterals,  or  a  system  of  con- 
veying or  conducting  sewerage  from  said  municipalities 
from  a  point  or  points  to  be  agreed  upon  to  a  common 
destination  or.  disposal  plant  or  plants,  and  to  con- 
struct, maintain  and  operate  within  or  without  the  said 
municipalities  or  any  of  them  one  or  more  outlet  or 
trunk  sewers,  plants,  works  or  stations  for  the  treat- 
ment, disposal,  or  rendering  of  sewerage,  or  any  such 
municipality  or  any  such  municipalities  may  jointly  or 
severally  contract  for  the  construction  for  it  or  them  of 
any  such  system,  extension  or  part  thereof,  including 
any  such  sewers,  plants,  works  or  stations,  and  agree 
to  pay  annually,  semi-annually  or  quarterly  for  the  use 
or  possession  thereof,  by  way  of  permanent  rental  re- 
served therefor;  or  such  lawful  authorities  of  the  re- 
spective municipalities  may  jointly  or  severally  con- 
tract with  any  person,  persons  or  corporation  or  with 
other  municipalities  or  sewer  districts  for  the  removal 
of  sewage  within  the  boundaries  of  such  local  govern- 
ment, upon  such  reasonable  terms  as  they  may  agree 
upon.  And  to  that  end  the  governing  bodies  or  boards 
of  any  two  or  more  municipalities,  including  sewer 
districts  of  a  town,  authorized  by  law  to  have  charge 
of  sewer  systems  established  or  to  be  established  in 
said  municipalities,  or  sewer  districts  of  a  town, 
respectively,  may  unite  and  jointly  cause  to  be  made 
at  their  joint  expense  (each  district  bearing  a  part  of 
the  expense  in  proportion  to  the  assessed  valuation  of 
real  estate  in  such  district,  or  on  such  other  basis  or 


General  Municipal  Law  467 

division  as  may  be  jointly  agreed  upon)  by  competent 
engineers,  mechanics  and  others,  surveys,  maps,  plans, 
reports  and  estimates  of  proposed  works  and  improve- 
ments relating  to  such  contemplated  public  improve- 
ment or  works  authorized  by  this  act,  which  such 
municipalities  may  desire  to  jointly  provide,  maintain, 
operate  or  lease  under  the  authority  conferred  by  this 
act,  and  for  such  purpose  they  may  determine  upon 
the  final  route  and  plan  for  the  building  or  construc- 
tion of  such  sewerage  system  and  for  the  making  of 
such  surveys,  maps,  plans,  reports  and  estimates  as 
provided  in  this  section.  It  shall  be  lawful  for  the 
officers  and  agents  of  such  municipalities  to  enter  at 
all  times  upon  any  lands  or  waters  for  the  purpose  of 
exploring,  surveying,  and  laying  out  the  route  of  such 
sewerage  system.  (Amended  by  L.  1917,  ch.  709,  in 
effect  June  1,  1917.) 

§  120-a.  Contracts  for  sewerage  disposal.    The  respec-  Contracts 

*-  for     sewage 

tive  municipalities  and  districts  may  contract  with  each  disposal 
other,  or  they  may  jointly  or  severally  contract  with 
a  third  person,  corporation  or  municipality,  either  for 
the  construction,  operation,  maintenance  or  leasing  of 
a  complete  comprehensive  system  for  the  removal  and 
disposal  of  sewerage,  or  of  a  trunk  line  system  with  or 
without  lateral  connections,  with  or  without  the  sewer- 
age disposal  plant  or  of  a  sewerage  disposal  plant; 
each  of  the  boards  or  commissioners,  however,  binding 
only  the  municipalities  or  districts  which  they  respec- 
tively represent.  Such  municipalities  jointly  acting 
through  such  board  or  commissioners,  if  they  deem  it 
expedient  so  to  do,  may  contract  with  any  other 
municipality  or  municipalities  through  or  over  whose 
territory  such  trunk  sewer  or  sewers  are  intended  to 
pass,  for  the  construction  of  said  outlet,  trunk  sewer 
or  sewers  and  appurtenances  located  within  the  terri- 
tory of  such  other  municipality,  in  such  manner  as 
may     be     agreed    upon    between    such     other    munici- 


468 


The  Public  Health  Manual 


pality,  and  the  municipality  theretofore  jointly  con- 
tracting as  herein  authorized,  or  such  jointly  con- 
tracting municipalities  may  contract  in  writing  with 
any  other  municipalitity  or  municipalities  for  the 
privilege  of  connecting  its  or  their  sewers  and  drains 
with  such  outlet  or  trunk  sewer  or  sewers  so  to  be 
jointly  constructed  oy  the  municipalities  originally  con- 
tracting for  the  public  improvements  or  works  hereby 
authorized,  and  it  shall  be  lawful  for  such  other 
municipality  or  municipalities  to  enter  into  a  contract 
for  such  purpose,  upon  such  terms  and  for  such  con- 
sideration and  length  of  time  as  may  be  mutually 
agreed  upon  between  all  the  contracting  municipalities. 
(Added  by  L.  1917,  ch.  709,  in  effect  June  1,  1917.) 


Workshops 
in    con- 
nection 
with    tuber- 
culosis 
hospital 


Only 
tuber- 
culous 
patients 
be    em- 
ployed 


in 


Articles 
may  be 
used 
institu- 
tion of 
munici- 
pality 


to 


§  135-a.  Workshop  in  connection  with  tuberculosis 
hospitals.  Any  municipal  corporation  maintaining  a 
hospital  or  a  sanatorium  for  the  treatment  of  tubercu- 
losis may  establish  and  maintain  workshops  in  connec- 
tion therewith  for  the  production  of  articles  or  supplies 
required  by  such  hospital  or  sanatorium,  or  by  any 
other  institution  or  department  of  such  municipality. 
Except  in  a  supervisory  capacity  no  person  shall  be 
employed  in  such  workshop  or  workshops  unless  he  is 
or  shall  have  been  a  patient  suffering  from  tuberculosis 
in  such  hospital  or  sanatorium.  The  appropriate  mu- 
nicipal authorities  may  appropriate  or  provide  funds 
for  the  establishment  and  maintenance  of  the  said  work- 
shops in  the  same  manner  as  for  the  establishment  and 
maintenance  of  such  hospitals  or  sanatoria.  Notwith- 
standing the  provisions  of  the  prison  law  in  relation  to 
the  sale  of  articles  manufactured  in  the  state  prisons,! 
the  products  of  such  workshop  may  be  used  in  such 
hospital  or  sanatorium  or  by  any  other  institution  or 
department  of  such  municipality.  Such  workshops  shall 
be  under   the   direction  and   control  of  the   municipal 


t  Prison  Law,  §  182,    p.  527 


General  Municipal  Law  469 

Authority  having  direction  and  control  of  the  hospital 
or  sanatorium  to  which  they  may  be  attached.  (Added 
by  L.  1913,  ch.  341,  in  effect  April  19,  1913.) 

HOSPITALS 

Tuberculosis,  consent  required  for  establishment. 
Public  Health  Law,  §  319  (p.  211).  County  tuber- 
culosis hospitals.  County  Law,  §§  45-49- e  (p.  406). 
Workshops  in  connection  with  tuberculosis  hospitals. 
General  Municipal  Law,  §  135-a  (p.  468).  Privileges 
of  medical  students  in.  Public  Health  Law,  §  333 
(p.  224).  Fire-escapes.  Public  Health  Law,  §  334 
(p.  225).  Hospital  corporations,  incorporation.  Mem- 
bership Corporations  Law,  §  130.  Establishment  of 
hospitals  for  tuberculosis  by  first-class  cities.  General 
City  Law,  §§  140-142   (p.  459). 

HOTELS 

Sanitary  conditions;  bedding,  size  of  sheets,  supply 
of  towels.  Public  Health  Law,  §§  354-356  (p.  248). 
Cleanliness  in  preparation  and  service  of  food.  Public 
Health  Law,  Art.  17-a  (p.  232).  Common  towel  forbid- 
den. Sanitary  Code,  chap.  VII,  Reg.  2  (p.  355).  Com- 
mon drinking  cups  and  eating  utensils  forbidden.  Sani- 
tary Code,  chap.  VII,  Reg.  3  ( p.  355 ) .  Handling  of  food 
forbidden  in  certain  cases.  Sanitary  Code,  chap.  II, 
Reg.  39  (p.  323).  Communicable  diseases  to  be  re- 
ported. Sanitary  Code,  chap.  II,  Reg.  5  (p.  308).  Pub- 
lic Health  Law,  §  25  (p.  37). 

ICE 

Water  supply,  rules  and  regulations  by  department 
authorized.  Public  Health  Law,  §§  70-73  (p.  59). 
Selling  canal  ice  without  marking,'  a  misdemeanor. 
Penal  Law,  §  1748  (p.  522).  Regulating  mnaufacture 
of  artificial  ice  and  storage  and  transportation  of 
natural   and   artificial   ice,   sale,   delivery   and  distribu- 


470 


The  Public  Health  Manual 


State 
Hospital 
Commis- 
sion, 
duties 
as    to    car1 
of    insane 


Advise 
with 
health 
officers 


Inspection 
of   places 
for     deten 
tion  of 
insane 


Examine 
qualifica- 
tions   of 
persons 
employed 
in     care 
insane 


tion  of  natural  and  artificial  ice  and  appointment  of 
ice  comptroller.  Chapter  81  of  Laws  of  1918.  Ap- 
pointment of  ice  comptroller.  Chapter  4  of  Laws  of 
1918.  Authorizing  governor  to  suspend  right  to  cut 
ice  on  New  York  city  water  supply,  in  emergency.  L. 
1917,  ch.   600. 

INSANITY  LAW 

(L.  1909,  ch.  32,  cons.  ch.  27  of  Cons.  Laws.) 
§  20.  State  hospital  and  care  of  insane;  commission 
shall  advise  with  health  officer  as  to  detention  of  insane 
persons.  The  commission  is  charged  with  the  duty  of 
i  seeing  that  the  laws  relating  to  the  detention,  care  and 
treatment  of  insane  or  apparently  insane  persons  who 
are  under  examination  as  to  their  sanity  or  who  are 
detained  or  confined  pending  commitment  and  prior  to 
their  transfer  to  institutions  for  the  insane,  are  exe- 
cuted.    The  commission  shall: 

1.  Make  recommendations  to  and  advise  with  health 
officers  and  other  officers  having  duties  to  perform  in 
respect  to  the  detention,  care  and  treatment  of  such 
insane  or  apparently  insane  persons,  as  to  the  perform- 
ance of  such  duties  and  as  to  the  requirements  of  places 
in  which  such  persons  are  to  be  detained,  and  relating 
generally  to  the  protection  and  promotion  of  the  physi- 
cal and  mental  welfare  of  such  persons. 

2.  Visit  or  cause  to  be  visited  and  inspected  build- 
ings, rooms  or  other  places  permanently  established  in 
any  city,  village  or  town,  as  provided  by  law,  for  the 
detention  or  confinement  of  insane  or  apparently  insane 
persons,  pending  an  examination  as  to  their  sanity,  and 
prior  to  their  transfer  to  an  institution  for  the  insane. 

3.  Examine  into  the  qualifications  of  persons  em- 
ployed as  provided  by  law  in  the  care  of  insane  or 
apparently  insane  persons,   pending  their  examination, 

of  commitment  and  transfer,  and  recommend  the  discharge, 
for  reasons  stated  in  writing,  of  persons  so  employed 
who  are  found  by  the  commission  to  be  incompetent. 


Insanity  Law  471 

4.  Employ  a  medical  inspector  and  such  other  persons  Employ 
as  may  he  necessary  to  carry  into  effect  the  purposes  of  inspector 
this  section. 

If  upon  an  inspection,  made  as  authorized  by  this  sec-  Recom- 
tion,  it  shall  be  ascertained  that  any  building,  room  or  0f  places 
place  established  and  regularly  used  in  any  city,  town  °f  deten- 
or  village  for  the  detention  and  confinement  of  insane  care  of 
or  apparently  insane  persons  pending  examination  and  g"^.6  not 
commitment,   and  prior  to  transfer,   does  not   conform  factory 
to  the  requirements  of  law,  or  if  the  care  and  treatment 
of  persons  confined  therein  are  inadequate,  the  commis- 
sion  shall  make  a   recommendation   in  writing   to   the 
board  or  officer  of  the  town,  village  or  city  whose  duty 
it  is  to  establish  and  maintain  such  building,  room  or 
place,  describing  the  defect  or  failure  and  stating  how 
the  same  shall  be  remedied.     It  shall  be  the  duty  of 
such  board  or  officer  to  cause  such  defeat  or  failure  to 
be  remedied  so  as  to  conform  to  such  recommendations. 
If  such  defect  or  failure  is  not  so  remedied  within  a 
reasonable  time,  the  commission  may  apply  to  a  justice 
of  the   supreme   court  at   special  term  in  the  judicial 
district  in  which  such  building,  room  or  place  is  situ- 
ated for  an  order  directing  that  such  defect  or  failure 
shall  be  remedied   as  provided  therein.     At  least   ten 
days'  notice  of  such  application  shall  be  given  to  the 
board   or    officer    to    whom    such    recommendation    was 
made.     If  upon  a  hearing  of  such  application  it  shall  Hearing 
be  ascertained  that  the  recommendation  of  the  commis- 
sion is  reasonable  and  in  accordance  with  law,  and  has 
not  been  complied  with,  an  order  shall  be  granted  direct-  order  by 
ing  such  board  or  officer  to  make  such  alterations  and  Justice  of 
provide  such  changes  in  the  building,  room,  place,  or  court 
methods   of   care  and  treatment  complained   of  in  the 
application,   and   describing   specifically   the  alterations 
and  changes  directed  to  be  made  by  such  order.    For  the 
purpose   of  carrying  into  effect  the  provisions  of  this 
section,    each    commissioner,    and    any   duly    authorized 
agent  of  the  commission,  shall  have  free  access  to  the 


472 


The  Public  Health  Manual 


Health 
officer   to 
report 
known 
violations 
to    com- 
mission 


buildings,  rooms  and  places  provided  for  the  detention 
or  confinement  of  insane  or  apparently  insane  persons, 
pending  an  examination  as  to  their  sanity  and  prior  to 
their  transfer  to  an  institution  for  the  insane.  All  per- 
sons connected  with  any  such  building,  room  or  place 
shall  give  such  information,  and  afford  such  facilities 
for  examination  and  visitation  thereof  as  the  commis- 
sion may  desire.  If  any  health  officer  or  superintendent 
of  a  state  hospital  has  knowledge  of  any  violation  of 
the  law  relating  to  the  detention  or  confinement,  care 
and  treatment  of  an  insane  or  apparently  insane  person 
on  the  part  of  a  police  officer,  or  any  other  municipal 
officer,  he  shall  report  the  same  to  the  commission,  who 
may  take  such  action  in  respect  thereto  as  it  shall  deem 
proper.  Provided  that  nothing  in  this  section  shall 
apply  to  pavilion  F  of  the  Albany  Hospital  located  in 
the  city  of  Albany.  (Added  by  L.  1914,  ch.  306,  in 
effect  April  11,  1914.) 


Health 
officer    may 
request 
temporary 
commit- 
ment   of 
insane 
persons 


Health  officer  may  request  temporary  commitment  of 
insane  persons. 
§  82.  Proceedings  to  determine  the  question  of  insanity. 
.  .  .  2.  The  superintendent  of  any  state  hospital 
for  the  insane  may,  when  requested  by  a  health 
officer,  receive  and  care  for  in  such  hospital  as  a  patient, 
for  a  period  not  exceeding  ten  days,  any  person  who 
needs  immediate  care  and  treatment  because  of  mental 
derangement  other  than  delirium  tremens  or  drunken- 
ness. Such  request  for  admission  of  a  patient  shall  be 
in  writing  and  shall  be  filed  at  the  hospital  at  the  time 
of  his  reception,  together  with  a  statement  in  a  form 
prescribed  or  approved  by  the  state  hospital  commis- 
sion giving  such  information  as  said  commission  may 
deem  appropriate.  Any  such  patient  who  is  deemed  by 
the  superintendent  not  suitable  for  such  care  shall,  upon 
the  formal  request  of  the  superintendent,  be  removed 
forthwith  from  the  hospital  by  the  health  officer  request- 
ing his  reception,  and,  if  he  is  not  so  removed,  the  town, 


Insanity  Law  473 

city  or  county  in  which  the  patient  has  a  legal  settle- 
ment as  provided  by  article  four  of  chapter  forty-six  of 
the  laws  of  nineteen  hundred  and  nine,  and  in  case  such 
person  has  gained  no  legal  settlement  then  the  county 
in  which  such  person  may  be  previous  to  the  time  of 
admission,  shall  be  liable  forthwith  for  all  reasonable 
expenses  incurred  under  the  provisions  of  this  subdivi- 
sion on  account  of  such  patient.  Unless  the  patient 
shall  sign  a  request  to  remain  as  a  voluntary  patient 
under  the  provisions  of  section  ninety-nine  of  this  chap- 
ter, the  health  officer  making  application  shall  cause 
such  patient  to  be  examined  by  two  medical  examiners  „  „.    , 

r  J  Medical 

in  lunacy,  qualified  as  provided  in  the  preceding  section,  examiners 
and  if  found  insane  shall  cause  him  to  be  duly  com- 
mitted by  any  judge  of  a  court  of  record,  or,  if  found 
bane,  shall  cause  him  to  be  removed  therefrom  before 
the  expiration  of  said  period  of  ten  days.     Eeasonable  Expenses 
expenses  incurred  for  the  examination  of  the  patient  and  t0    be 
his  transportation  to  and  from  the  hospital  shall  be  judge  or 
allowed  and  certified  by  the  judge  or  justice  ordering  *!^® 
the  commitment  and  shall  be  a  charge  upon  the  town,  commit- 
city  or  county  as  provided  in  this  subdivision.    A  report 
of  the  admission  of  a  patient  for  observation  under  the 
provisions    of   this   subdivision   together   with    copy   of 
formal  statement  of  health  officer  shall  be  mailed  to  the 
state    hospital    commission    within    twenty-four    hours 
after  such  admisssion.     (Am'd  by  L.  1912,  ch.  121  and 
L.  1914,  ch.  307,  in  effect  April  11,  1914.) 

Compensation  and  expenses  of  health  officers  in  connec- 
tion with  commitment  of  insane  persons 
§  84.  Costs    of    commitment.      The    costs   necessarily  Costs   of 
incurred   in   determining  the   question   of   the   insanity  ™™1fit" 
of    a    poor    or    indigent,    or    other    person    under    this 
chapter,   or   under    section   twenty-six   of   chapter    four 
hundred    and    forty-six   of   the    laws   of   eighteen    hun- 
dred   and   seventy-four,   including  the   fees   allowed   by 
the  judge  or  justice  ordering  the  commitment  to  the 


474 


The  Public  Health  Manual 


Costs     of 
commit- 
ment   of 
insane 
persons 


Com- 
pensation 
of   health 
officers 


medical  examiners  or  medical  witnesses  called  by  him 
and  other  necessary  expenses,  and  in  securing  the 
admission  of  such  person  into  a  state  hospital  and 
the  expense  of  providing  proper  clothing  and  proper 
medical  care  and  nursing,  for  such  person  in  accord- 
ance with  the  rules  and  regulations  adopted  by 
the  commission,  shall  be  a  charge  upon  the  town, 
city  or  county  securing  the  commitment;  but  in  the 
city  of  New  York  all  fees  of  medical  examiners  and 
medical  witnesses  appointed  or  called  by  a  judge  of  any 
court  in  said  city  for  the  purpose  of  determining  the 
question  of  the  insanity  of  any  such  person,  and  not 
heretofore  paid,  may  be  audited  and  allowed  in  the  first 
instance  either  by  the  judge  or  justice  appointing  the 
medical  examiners  or  by  the  comptroller  of  said  city 
and  shall  be  paid  by  the  chamberlain  of  said  city  on 
the  warrant  of  the  comptroller  from  the  court  fund  and 
charged  to  the  proper  county  within  said  city.  If  the 
person  sought  to  be  committed  is  not  a  poor  or  indigent 
person,  the  costs  and  expenses  of  the  proceeding  to 
determine  his  insanity  and  secure  his  commitment  paid 
by  any  town,  city  or  county  may  be  collected  by  it  from 
the  estate  of  such  person,  or  from  the  persons  legally 
liable  for  his  maintenance,  and  the  same  shall  be  a 
charge  upon  the  estate  of  such  person,  or  the  same 
shall  be  paid  by  the  persons  legally  liable  for  his 
maintenance.  The  compensation  or  fees  and  expenses 
of  health  officers  for  duties  performed  in  respect  to 
the  examination,  confinement,  care  and  treatment  of 
insane  or  alleged  insane  persons,  as  required  by  this 
act,  shall  in  each  case  be  determined  and  allowed 
by  the  judge  or  justice  ordering  the  commitment  or 
hearing  the  application,  and  shall  be  a  charge  upon 
the  town,  city  or  county  in  which  such  persons 
reside  or  may  be.  If  the  fees  and  expenses  so  de- 
termined and  allowed  are  a  charge  upon  the  county 
or  town,  such  judge  or  justice  shall  issue  a  certificate 
stating  the  amount  thereof,  to  whom  to  be  paid,  and 


Insanity  Law  475 

whether  a  charge  upon  the  county  or  a  town,  and  if 
the  latter,  the  name  of  the  town,  which  shall  be  pre-  compensa- 
sented  to  the  county  treasurer  and  be  paid  by  him  out  health  °f 
of  any  moneys  available  for  such  purpose.     The  county  officer  in 

care    of 

treasurer  shall  report  the  amount  paid  by  him  on  insane 
account  of  such  fees  and  expenses  to  the  board  of 
supervisors,  and  the  amount  thereof  which  is  chargeable 
against  any  town  in  the  county  shall  be  levied  against 
the  taxable  property  thereof  in  the  same  manner  as 
other  town  charges  are  levied.  If  there  is  no  money  in 
the  county  treasury  available  for  the  payment  of  such 
fees  and  expenses,  the  county  treasurer  is  hereby 
authorized  and  directed  to  borrow  on  the  credit  of  the 
county  a  sum  sufficient  to  pay  such  fees  and  expenses, 
and  may  issue  certificates  of  indebtedness  therefor,  the 
principal  and  interest  of  which,  at  a  rate  not  exceeding 
six  per  centum,  shall  be  binding  upon  the  county,  and 
shall  be  paid  in  the  same  manner  as  other  county  obli- 
gations. If  the  compensation  or  fees  and  expenses  of 
health  officers  as  so  determined  and  allowed  are  a  charge 
upon  a  city  they  shall  be  paid  in  the  same  manner  as 
the  other  expenses  of  the  health  department  or  bureau 
in  such  city.  (Am'd  by  L.  1910,  ch.  608,  in  effect  Oct. 
1,  1910.)  i 

§  87.  Duties  of  local  officers  in  regard  to  their  in-  Duties  of 

■  health 

sane.  All  county  superintendents  of  the  poor,  over-  0ffiCers  in 
seers  of  the  poor,  health  officers  and  other  city,  town  or  fesard  to 
county  authorities,  having  duties  to  perform  relating 
to  the  poor,  are  charged  with  the  duty  of  seeing  that  all 
poor  and  indigent  insane  persons  within  their  respective 
municipalities,  are  timely  granted  the  necessary  relief 
conferred  by  this  chapter.  The  poor  officers  or  authori- 
ties above  specified,  except  in  the  city  of  New  York  and 
in  the  county  of  Albany,  shall  notify  the  health  officer 
of  the  town,  city  or  village  of  any  poor  or  indigent 
insane  or  apparently  insane  person  within  such  munici- 
pality whom  they  know  to  be  in  need  of  the  relief  con- 
ferred by  this  chapter.    When  so  notified,  or  when  other- 


msane 


The  Public  Health  Manual 


wise  informed  of  such  fact,  the  health  officer  of  the 
city,  town  or  village,  except  in  the  city  of  New  York 
and  the  county  of  Albany,  where  such  insane  or  appar- 
ently insane  person  may  be,  shall  see  that  proceedings 
are  taken  for  the  determination  of  his  mental  condition 
and  for  his  commitment  to  a  state  hospital.  Such 
health  officer  may  direct  the  proper  poor  officer  to  make 
an  application  for  such  commitment,  and,  if  a  qualified 
medical  examiner,  may  join  in  making  the  required  cer- 
tificate of  lunacy.  When  so  directed  by  such  health 
officer  it  shall  be  the  duty  of  the  said  poor  officer  to 
make  such  application  for  commitment.  When  notified 
or  informed  of  any  poor  or  indigent  insane  or  appar- 
ently insane  person  in  need  of  the  relief  conferred  by 
this  chapter,  such  health  officer  shall  provide  for  the 
proper  care,  treatment  and  nursing  of  such  person,  as 
provided  by  law  and  the  rules  of  the  commission,  pend- 
ing the  determination  of  his  mental  condition  and  his 
commitment  and  until  the  delivery  of  such  insane  per- 
son to  the  attendant  sent  to  bring  him  to  the  state 
hospital,  as  provided  in  this  chapter.  In  the  boroughs 
of  Manhattan  and  the  Bronx,  in  the  city  of  New  York, 
it  shall  be  the  duty  of  the  trustees  of  Bellevue  and 
allied  hospitals,  and  in  the  boroughs  of  Brooklyn, 
Queens  and  Bichmond,  in  the  city  of  New  York  and 
also  in  the  county  of  Albany,  it  shall  be  the  duty  of 
the  commissioner  of  public  charities  to  see  that  all  poor 
and  indigent  insane  or  apparently  insaae  persons  in 
such  boroughs  or  county,  respectively,  are  properly  cared 
for  and  treated. 

It  shall  also  be  the  duty  of  such  trustees  of  Bellevue 
and  allied  hospitals,  or  the  commissioner  of  public 
charities  of  the  city  of  New  York  or  the  county  of 
Albany,  to  see  that  proceedings  are  taken  for  the  deter- 
mination of  the  mental  condition  of  any  such  person  in 
the  boroughs  or  county  mentioned,  who  comes  under 
their  observation  or  is  reported  to  them  as  apparently 


Insanity  Law  477 

insane,  and,  when  necessary,  to  see  that  proceedings  are 
instituted  for  the  commitment  of  such  person  to  an 
institution  for  the  care  of  the  insane;  provided  that 
such  report  is  made  by  any  person  with  whom  such 
alleged  insane  person  may  reside,  or  at  whose  house 
he  may  be,  or  by  the  father,  mother,  husband,  wife, 
brother,  sister,  or  child  of  any  such  person,  or  next  of 
kin  available,  or  by  any  duly  licensed  physician,  or  by 
any  peace  officer,  or  by  a  representative  of  an  incorpo- 
rated society  doing  charitable  or  philanthropic  work. 
When  the  trustees  of  Bellevue  and  allied  hospitals  are 
thus  informed  of  an  apparently  insane  person,  residing 
in  the  boroughs  of  Manhattan  or  the  Bronx,  or  when 
the  commissioner  of  public  charities  of  the  city  of  New 
York  is  thus  informed  of  an  apparently  insane  person 
residing  in  the  boroughs  of  Brooklyn,  Queens  or  Rich- 
mond, it  shall  be  the  duty  of  these  authorities,  respect- 
ively, to  send  a  nurse  or  a  medical  examiner  in  lunacy, 
attached  to  the  psychopathic  wards  of  their  respective 
institutions,  or  both,  to  the  place  where  the  alleged 
insane  person  resides  or  is  to  be  found.  If,  in  the 
judgment  of  the  chief  resident  alienist  of  the  respective 
psychopathic  wards  or  of  the  medical  examiner  thus 
sent,  the  person  is  in  immediate  need  of  care  and  treat- 
ment or  observation  for  the  purpose  of  ascertaining  his 
mental  condition,  he  shall  be  removed  to  such  psycho- 
pathic ward  for  a  period  not  to  exceed  ten  days,  and 
the  person  or  persons  most  nearly  related  to  him,  so  far 
as  the  same  can  be  readily  ascertained  by  such  trustees, 
or  commissioner,  shall  be  notified  of  such  removal. 

When  an  order  of  commitment  has  been  made  as  pro-  Procedure 

when    order 

vided   in   this   chapter,   such   health   officer,   or,   in   the  of  com- 
city  of  New  York  and  in  the  county  of  Albany,  the  ^"^n 
authorities  above  specified  in  their  respective  boroughs  made 
or  county,  shall  see  that  such  insane  persons  are,  with- 
out unnecessary  delay,  transferred  to  the  proper  insti- 
tutions  provided  for  their  care  and  treatment  as  the 


The  Public  Health  Manual 


Confine- 
ment of 
insane 
pending 
commit- 
ment 


wards  of  the  state.  Before  sending  a  person  to  any 
such  institution,  they  shall  see  that  he  is  in  a  state  of 
bodily  cleanliness  and  comfortably  clothed  with  suitable 
or  new  clothing,  in  accordance  with  the  regulations  pre- 
scribed by  the  commission.  Each  patient  shall  be  sent 
to  the  state  hospital,  within  the  district  embracing  the 
county  from  which  he  is  committed,  except  that  the 
commission  may,  in  its  discretion,  direct  otherwise,  but 
private  or  public  insane  patients,  for  whom  homeopathic 
care  and  treatment  may  be  desired  by  their  relatives, 
friends  or  guardians,  may  be  committed  to  the  Middle- 
town  State  Homeopathic  Hospital,  or  the  Gowanda  State 
Homeopathic  Hospital,  from  any  of  the  counties  of  the 
state,  in  the  discretion  of  the  judge  granting  the  order 
of  commitment;  and  the  hospital  to  which  any  patient 
is  ordered  to  be  sent  shall,  by  and  under  the  regulations 
made  by  such  commission,  send  a  trained  attendant  to 
bring  the  patient  to  the  hospital.  Each  female  com- 
mitted to  any  institution  for  the  insane  shall  be  accom- 
panied by  a  female  attendant,  unless  accompanied  by 
her  father,  brother,  husband  or  son.  The  commission 
may,  by  order,  direct  that  any  person  it  deems  unsuit- 
able therefor  shall  not  be  so  employed  or  act  as  such 
attendant.  After  the  patient  has  been  delivered  to  the 
proper  officers  of  the  hospital,  the  care  and  custody  of 
the  municipality  from  which  he  is  sent  shall  cease. 

In  no  case  shall  any  insane  person  be  confined  in  any 
other  place  than  a  state  hospital  or  duly  licensed  insti- 
tution for  the  insane,  for  a  period  longer  than  ten  days, 
nor  shall  such  person  be  committed  as  a  disorderly  per- 
son to  any  prison,  jail  or  lock-up  for  criminals.  Except 
in  the  city  of  New  York  and  the  county  of  Albany,  the 
health  officer  of  the  town,  village  or  city  wherein  an 
insane  or  alleged  insane  person  may  be  shall  see  that 
such  person  is  cared  for  in  a  place  suitable  for  the  com- 
fortable, safe  and  humane  confinement  of  such  person, 
pending  the  determination  of  the  question  of  his  sanity 


Insanity  Law  479 

and  until  his  transfer  to  a  state  hospital  or  some  other 
proper  institution  for  the  insane  as  provided  in  this 
chapter.  Such  person  shall  not  be  confined  in  any  such 
place  without  an  attendant  in  charge  of  him,  and  the 
said  health  officer  shall  select  some  suitable  person  to 
act  as  such  attendant. 

The  proper  authorities  of  any  such  town,  city  or 
county  may  provide  a  permanent  place  for  the  reception 
and  temporary  confinement,  care  and  nursing  of  insane 
or  alleged  insane  persons  which  shall  conform  in  all 
respects  to  the  rules  and  requirements  of  the  commis- 
sion; all  poor  and  indigent  insane  persons  received  at 
any  such  plaee  for  investigation  of  their  mental  condi- 
tion or  pending  commitment  and  transfer  to  a  state 
hospital  shall  be  maintained  therein  at  the  expense  of 
such  town,  city  or  county.  Any  person  apparently  in-  Arrest  f 
sane,  and  conducting  himself  in  a  manner  which  in  a  apparently 
sane  person  would  be  disorderly,  may  be  arrested  by  person 
any  peace  officer  and  confined  in  some  safe  and  comfort- 
able place  until  the  question  of  his  sanity  be  determined, 
as  prescribed  by  this  chapter.  The  officer  making  such 
arrest  shall  immediately  notify  the  health  officer  of  the 
town,  village  or  city,  except  in  the  city  of  New  York 
and  in  the  county  of  Albany,  who  shall  forthwith  take 
proper  measures  for  the  determination  of  the  question 
of  the  insanity  of  such  person,  and  for  his  proper  care 
and  treatment  as  provided  in  this  section,  pending  his 
transfer  to  an  institution  for  the  insane.  Whenever  in  commit- 
the  city  of  New  York  an  information  is  laid  before  a  ment    °* 

"  apparently 

magistrate  that  a  person  is  apparently  insane  the  magis-  insane  per- 
trate  must  issue  a  warrant  directed  to  the  sheriff  of  the  ^Tw   Y0rk 
county  in  which  the  information  is  made,  or  any  mar-  city 
shal  or  policeman  of  the  city  of  New  York,  reciting  the 
substance  of  the  information,  and  commanding  the  offi- 
cer forthwith  to  arrest  the  person  alleged  to  be  insane, 
and  bring  him  before  the  magistrate  issuing  the  war- 
rant.   If  upon  arraignment  it  appears  to  the  magistrate 
issuing  the  warrant  that  the  person  so  arraigned  before 


480  The  Public  Health  Manual 

him  is  apparently  insane  it  shall  be  the  duty  of  the 
magistrate,  if  such  information  is  laid  in  the  boroughs 
of  Manhattan  and  the  Bronx,  to  commit  such  appa- 
rently insane  person  to  the  care  and  custody  of  the 
board  of  trustees  of  Bellevue  and  allied  hospitals  at 
Bellevue  hospital,  and  therein  kept  in  a  safe  and  com- 
fortable place  until  the  question  of  Tiis  sanity  be  deter- 
mined as  prescribed  by  this  chapter,  and  in  the  boroughs 
of  Brooklyn,  Queens  and  Richmond  the  said  magistrate 
shall  commit  such  apparently  insane  person  to  the  care 
of  the  commissioner  of  public  charities  who  shall  keep 
such  person  in  a  safe  and  comfortable  place  until  the 
question  of  his  sanity  be  determined  as  herein  pre- 
scribed. Whenever  in  the  city  of  New  York  a  person 
is  committed  as  apparently  insane  as  above  provided  it 
shall  be  the  duty  of  the  board  of  trustees  of  Bellevue 
and  allied  hospitals  or  the  commissioner  of  public  chari- 
ties, as  the  case  may  be,  to  forthwith  take  proper  meas- 
ures for  the  determination  of  the  question  of  the  insan- 
ity of  such  person.  (Am'd  by  L.  1910,  ch.  608  and  L. 
1912,  ch.  121,  in  effect  April  3,  1912.) 

Confinement  of  dangerous  insane  persons  in  such  man- 
ner as  local  health  officer  shall  approve. 
confine-  §  gg   Duty  of  committee  and  others  to  care  for  the 

ment    of  °  J  „  ;  _ 

insane  per-  insane;  apprehension  and  confinement  of  a  dangerous 
piacemap-  insane  person.  When  an  insane  person  is  possessed  of 
proved  by  sufficient  property  to  maintain  himself,  or  his  father, 
officer  mother,  husband,  wife  or  children  are  of  sufficient  ability 

to  maintain  him,  and  his  insanity  is  such  as  to  endanger 
his  own  person,  or  the  person  and  property  of  others, 
the  committee  of  his  person  and  estate,  or  such  father, 
mother,  husband,  wife  or  children  must  provide  a  suit- 
able place  for  his  confinement,  and  there  maintain  him 
in  such  manner  as  shall  be  approved  by  the  health  officer 
of  the  town,  village  or  city  where  he  is  confined,  and  in 
Places  for  accordance  with  the  rules  of  the  commission.  The  health 
^nflne"        officers  of  towns,  villages  and  cities,  or  in  the  boroughs 


Insanity  Law  481 

of  Manhattan  and  the  Bronx  in  the  city  of  New  York  insane   to 
the  board  of  trustees  of  Bellevue  and  allied  hospitals,  proved    by 
and  in  the  boroughs  of  Brooklyn,  Queens  and  Richmond  nealth 
in  said  city,  and  also  in  the  county  of  Albany,  the  com- 
missioner  of  public  charities  are  required  to  see  that 
the  provisions  of  this  section  are  carried  into  effect  in 
the  most  humane  and  speedy  manner. 

Upon  the  refusal  or  neglect*  of  a  committee,  guardian  Appiica- 
or  relative  of  an  insane  person  to  cause  him  -to  be  con-  ^^^ 
fined,  as  required  in  this  chapter,  the  officers  named  in  ment  of 
this  section  shall  apply,  or  cause  application  to  be  made,  SOn  n^t^1 

to  a  iudge  of  a  court  of  record  of  the  city  or  county,  or  to  property 

J       °  j  J?  confined 

a  justice  of  the  supreme  court  of  the  judicial  district 
in  which  such  insane  person  may  reside  or  be  found, 
who,  upon  being  satisfied,  upon  proper  proofs,  that  such 
person  is  dangerously  insane  and  improperly  cared  for 
or  at  large,  shall  issue  a  precept  to  one  or  more  of  the 
officers  named,  commanding  them  to  apprehend  and  con- 
fine such  insane  person  in  some  comfortable  and  safe 
place;  and  such  officers  in  apprehending  such  insane  per- 
son shall  possess  all  the  powers  of  a  peace  officer  execut- 
ing a  warrant  of  arrest  in  a  criminal  proceeding.  Un- 
less an  order  of  commitment  has  been  previously  granted, 
such  officers  shall  forthwith  make,  or  cause  to  be  made, 
application  for  the  proper  order  for  his  commitment  to 
the  proper  institution  for  the  care,  custody  and  treat- 
ment of  the  insane,  as  authorized  by  this  chapter,  and 
if  such  order  is  granted,  such  officer  shall  take  the  neces- 
sary legal  steps  to  have  him  transferred  to  such  institu- 
tion. .  Pending  such  transfer  the  health  officer  of  the  officer  to 
proper  town,  village  or  city,  and,  in  the  city  of  New 


care    for 
insane 

York  and  the  county  of  Albany,  the  officers  above  named  pending 
for  the  respective  boroughs,   or  county,   shall  see  that 
such  insane  person  is  cared  for  in  a  suitable  place  and  expensed 
is  provided  with  oroper  medical  care  and  nursing.    The  incurred  by 

health 

cost  and  expense  incurred  by  the  health  officer  in  the  officer 
performance  of  his  duties  under  this  section  shall,  when  ?arins  for 

x  '  insane 

16 


482 


The  Public  Health  Manual 


Commit- 
ment   of 
inebriates 
and 

habitual 
users    of 
narcotics, 
to     private 
institu- 
tions 


allowed  by  the  judge  or  justice  ordering  the  commitment, 
be  a  charge  against  the  town,  city  or  county  liable  for 
the  costs  of  the  commitment  of  an  insane  person  under 
this  chapter  and  shall  be  paid  in  the  manner  prescribed 
by  section  eighty- four  of  this  chapter.  (Am'd  by  L. 
1910,  ch.  608,  and  L.  1912,  ch.  121,  in  effect  April  3, 
1912.) 

§  173.  Commitment  of  inebriates,  including  habitual 
users  of  narcotics,  to  private  institutions.  The  judge 
of  a  court  of  record  in  the  county  or  district  where 
an  alleged  inebriate  resides,  or  a  judge  of  any  court 
of  record,  may  commit  such  person  to  any  private 
licensed  institution  for  the  insane,  in-  the  manner  here- 
inafter provided,  upon  a  proper  application  and  upon 
the  consent  in  writing  of  the  trustees,  signed  by  their 
superintendent  or  executive  officer,  upon  the  certificates 
in  writing  made,  executed  and  verified  by  at  least  two 
physicians,  qualified  to  act  as  medical  examiners  in 
lunacy,  showing  that  such  person  is  over  the  age  of  eigh- 
teen years,  and  is  incapable  or  unfit  to  properly  conduct 
himself  or  herself,  or  his  or  her  affairs,  or  is  dangerous 
to  himself  or  herself  or  others  by  reason  of  periodical, 
frequent  or  constant  drunkenness,  induced  either  by  the 
use  of  alcoholic  or  other  liquors,  or  of  opium,  morphine, 
or  other  narcotic  or  intoxicating  or  stupefying  substance. 
Such  certificate  must  further  show  that  such  person  is  in 
actual  need  of  special  care  and  treatment,  and  that  his 
condition  is  such  that  his  detention,  care  and  treatment 
in  such  institution  would  be  likely  to  effect  a  cure.  Such 
certificate  shall  also  specifically  state  the  facts  and  cir- 
cumstances upon  which  the  judgment  of  each  physician 
is  based  and  shall  show  the  result  of  such  examination. 
It  must  appear  upon  the  face  of  such  certificate  that 
each  physician  executing  the  same  has  made  a  personal 
examination  of  the  person  alleged  to  be  an  inebriate,  and 
that  such  an  examination  has  been  made  within  ten  days 
prior  to  the  application  for  the  commitment.  (Added 
by  L.   1913,  ch.  526,  in  effect  May   15,  1913.) 


Labor  Law  483 


LABOR  LAW 

(L.  1909,  ch.  36,  cons.  Ch.  31  of  Cons.  Laws.) 
§  65.  Industrial  poisonings  to  be  reported.     1.  Every  Physicians 
medical  practitioner  attending  on  or  called  in  to  visit  indu^tr°iai 
a  patient  whom  he  believes  to  be  suffering  from  poison-  poisonings 
ing  from  lead,  phosphorus,  arsenic,  brass,  wood  alco- 
hol,   mercury    or    their    compounds,    or    from    anthrax, 
or    from    compressed    air    illness,    contracted    as    the 
result  of  the  nature  of  the  patient's  employment,  shall 
send  to  the  commission  a  notice  stating  the  name  and 
full   postal    address    and    place    of    employment    of   the 
patient  and  the  disease  from  which,  in  the  opinion  of  the 
medical  practitioner,  the  patient  is  suffering,  with  such 
other  and  further  information  as  may  be  required  by  the 
said  commission. 

2.  If  any  medical  practitioner,  when  required  by  this  Penalty 
section  to   send   a   notice,   fails   forthwith  to   send   the  t0  report- 
same,   he  shall   be  liable  to   a  fine  not   exceeding   ten 
dollars. 

3.  It  shall  be  the  duty  of  the  commission  to  enforce  Labor  com- 

missioner 

the  provisions  of  this  section,  and  it  may  call  upon  the  may  call 
state  and  local  boards  of  health  for  assistance.     (Added  ^loca**6 
by  L.  1911,  ch.  208  and  renumbered  and  am'd  by  L.  1913,  boards  of 
ch.  145,  and  L.  1918,  ch.  456,  in  effect  May  6,  1918.)       SSLce* 


§  70.  Employment  of  minors.  No  child  under  the  Employ- 
ment o: 
minors 


age    of    fourteen    years    shall    be    employed,    permitted  n 


or  suffered  to  work  in  or  in  connection  with  any 
factory  in  this  state,  or  for  any  factory  at  any 
place  in  this  state.  No  child  between  the  ages  of 
fourteen  and  sixteen  years  shall  be  so  employed,  per- 
mitted or  suffered  to  work  unless  an  employment  certifi- 
cate, issued  as  provided  in  this  article,  shall  have  been 
theretofore  filed  in  the  office  of  the  employer  at  the  place 
of  employment  of  such  child.  Nothing  herein  contained 
shall  prevent  a  person  engaged  in  farming  from  permit- 


484 


The  Public  Health  Manual 


Farming 
and 

gathering 
produce 


Birth  or 
baptismal 
certificate 
required 


Other 
documen- 
tary 

evidence    of 
age 


ting  his  children  to  do  farm  work  for  him  upon  his 
farm.  Boys  over  the  age  of  twelve  years  may  be  em- 
ployed in  gathering  produce,  for  not  more  than  six 
hours  in  any  one  day,  subject  to  the  requirements  of 
chapter  twenty-one  of  the  laws  of  nineteen  hundred  and 
nine,  entitled  "An  act  relating  to  education,  constituting 
chapter  sixteen  of  the  consolidated  laws,"  and  all  acts 
amendatory  thereof.  (Am'd  by  L.  1913,  ch.  529,  in 
effect  May  15,  1913.) 

§  71.  Employment  certificate,  how  issued.  1.  Such  cer- 
tificate shall  be  issued  by  the  commissioner  of  health 
or  the  executive  officer  of  the  board  or  department  of 
health  of  the  city,  town  or  village  where  such  child 
resides  or  is  to  be  employed,  or  by  such  other  officer 
thereof  as  may  be  designated  by  such  board,  department 
or  commissioner  for  that  purpose,  upon  the  applica- 
tion of  the  parent,  guardian  or  custodian  of  the  child 
desiring  such  employment.  Such  officer  shall  not  issue 
such  certificate  until  he  has  received,  examined,  ap- 
proved and  filed  the  following  papers  duly  executed, 
namely:  The  school  record  of  such  child  properly  filled 
out  and  signed  as  provided  in  this  article;  also,  evidence 
of  age  showing  that  the  child  is  fourteen  years  old  or 
upwards,  which  shall  consist  of  the  evidence  thereof 
provided  in  one  of  the  following  paragraphs  of  this  sub- 
division and  which  shall  be  required  in  the  order  herein 
designated  as  follows : 

(a)  Birth  certificate;  passport  or  baptismal  certifi- 
cate. A  duly  attested  transcript  of  the  birth  certifi- 
cate filed  according  to  law  with  a  registrar  of  vital 
statistics  or  other  officer  charged  with  the  duty  of 
recording  births;  or  a  passport;  or  a  duly  attested  tran- 
script of  a  certificate  of  baptism  showing  the  date  of* 
birth  of  such  child. 

(b)  Other  documentary  evidence.  In  case  it  shall 
appear  to  the  satisfaction  of  the  officer  to  whom  appli- 
cation is  made,  as  herein  provided,  for  an  employment 


Labor  Law  485 

certificate,  that  a  child  for  whom  such  certificate  is 
requested  and  who  has  presented  the  school  record,  is 
in  fact  over  fourteen  years  of  age,  and  that  satisfactory 
documentary  evidence  of  age  can  be  produced,  which 
does  not  fall  within  any  of  the  provisions  of  the  preced- 
ing paragraphs  of  this  subdivision,  and  that  none  of 
the  papers  mentioned  in  said  paragraphs  can  be  pro- 
duced, then  and  not  otherwise  he  shall  present  to  the 
board  of  health  of  which  he  is  an  officer  or  agent,  for  its 
action  thereon,  a  statement  signed  by  him  showing 
such  facts,  together  with  such  papers  as  may  have  been 
produced  before  him  constituting  such  evidence.  The 
commissioner  of  health,  or  when  officially  authorized, 
the  issuing  officer  of  the  board  or  department  of  health 
may  then  accept  such  evidence  as  sufficient  as  to  the  age 
of  such  child,  and  a  record  of  such  evidence  shall  be 
fully  entered  on  the  minutes  of  the  board  at  the  next 
meeting  thereof. 

(c)  Physicians'  certificates.  In  cities  of  the  first  Physicians' 
class  only,  in  case  application  for  the  issuance  of  an  first  class 
employment  certificate  shall  be  made  to  such  officer  by  Clties 
a  child's  parent,  guardian  or  custodian  who  alleges  his 
inability  to  produce  any  of  the  evidence  of  age  specified  in 
the  preceding  paragraphs  of  this  subdivision,  and  if  the 
child  is  apparently  at  least  fourteen  years  of  age,  such 
officer  may  receive  and  file  an  application  signed  by  the 
parent,  guardian  or  custodian  of  such  child  for  physi- 
cians' certificates.  Such  application  shall  contain  the 
alleged  age,  place  and  date  of  birth,  and  present  resi- 
dence of  such  child,  together  with  such  further  facts 
as  may  be  of  assistance  in  determining  the  age  of  such 
child.  Such  application  shall  be  filed  for  not  less  than 
sixty  days  after  date  of  such  application  for  such  physi- 
cians' certificates,  for  an  examination  to  be  made  of 
the  statements  contained  therein,  and  in  case  no  facts 
appear  within  such  period  or  by  such  examination  tend- 
ing to  discredit  or   contradict  any  material   statement 


486 


The  Public  Health  Manual 


Affidavit 
of   parent 
as   to 
evidence 
of  age 


Child    to 
appear 
personally 
for    exam- 
ination 


of  such  application,  then  and  not  otherwise  the  officer 
may  direct  such  child  to  appear  thereafter  for  physical 
examination  before  two  physicians  officially  designated 
by  the  board  of  health,  and  in  case  such  physicians  shall 
certify  in  writing  that  they  have  separately  examined 
such  child  and  that  in  their  opinion  such  child  is  at 
least  fourteen  years  of  age  such  officer  shall  accept  such 
certificates  as  sufficient  proof  of  the  age  of  such  child 
for  the  purposes  of  this  section.  In  case  the  opinions 
of  such  physicians  do  not  concur,  the  child  shall  be 
examined  by  a  third  physician  and  the  concurring  opin- 
ions shall  be  conclusive  for  the  purpose  of  this  section 
as  to  the  age  of  such  child. 

2.  Such  officer  shall  require  the  evidence  of  age  speci- 
fied in  paragraph  (a)  in  preference  to  that  specified 
in  any  subsequent  paragraph  of  subdivision  one  and 
shall  not  accept  the  evidence  of  age  permitted  by  any 
subsequent  paragraph  unless  he  shall  receive  and  file 
in  addition  thereto  an  affidavit  of  the  parent  showing 
that  no  evidence  of  age  specified  in  any  preceding  para- 
graph or  paragraphs  of  subdivision  one  can  be  pro- 
duced. Such  affidavit  shall  contain  the  age,  place  and 
date  of  birth,  and  present  residence  of  such  child, 
which  affidavit  must  be  taken  before  the  officer  issuing 
the  employment  certificate,  who  is  hereby  authorized 
and  required  to  administer  such  oath  and  who  shall 
not  demand  or  receive  a  fee  therefor. 

3.  Such  employment  certificate  shall  not  be  issued 
until  such  child  further  has  personally  appeared  before 
and  been  examined  by  the  officer  issuing  the  certificate, 
and  until  such  officer  shall,  after  making  such  exami- 
nation, sign  and  file  in  his  office  a  statement  that  the 
child  can  read  and  write  correctly  simple  sentences  in 
the  English  language  and  that  in  his  opinion  the  child 
is  fourteen  years  of  age  or  upwards  and  has  reached 
the  normal  development  of  a  child  of  its  age,  and  is  in 
sound  health  and  is  physically  able  to  perform  the 
work     it    intends     to     do.       Every     such    employment 


Labor  Law  487 

certificate  shall  be  signed,  in  the  presence  of  the  officer 
issuing  the  same,  by  the  child  in  whose  name  it  is 
issued.  In  every  case,  before  an  employment  certificate  physical 
is  issued,  such  physical  fitness  shall  be  determined  by  examina- 
a  medical  officer  of  the  department  or  board  of  health, 
who  shall  make  a  thorough  physical  examination  of 
the  child  and  record  the  result  thereof  on  a  blank 
which  shall  be  prescribed  by  the  commission  and  which 
shall  set  forth  such  facts  concerning  the  physical  con- 
dition and  history  of  the  child  as  the  commission 
may  require.  Outside  of  cities  of  the  first  and  second 
class  such  blanks  shall  be  furnished  by  the  commission. 

4.  In  case  the  evidence  of  age,  filed  as  in  this  section  Children 
provided,  shows  such  child  to  be  fourteen  years  old  but  gfte^rn 
fails  to  show  such  child  to  be  fifteen  years  old,  no  em-  years  of 

age    to 

ployment  certificate  shall  be  issued  unless  such  child,  have   com- 
in  addition  to  complying  with  all  the  requirements  of  ^/ementarv 
this  section  and  producing  the  school  record  described  course 
in  section  seventy-three,  shall  also  present  a  certificate 
of  graduation  properly  issued  in  the  name  of  such  child, 
from  a  public  elementary  school,  or  school  equivalent 
thereto   or  parochial  school,  or   a  pre-academic  certifi- 
cate issued  by  the  regents,  or  a  certificate  of  the  com- 
pletion of  an  elementary  course  issued  by  the  education 
department.     (Amended  by  L.  1912,  ch.  333;  L.  1916,  ch. 
465,  and  L.  1918,  ch.  459,  in  effect  May  6,  1918.) 

§  72.  Contents  of  certificate.  Such  certificate  shall  contents  of 
state  the  date  and  place  of  birth  of  the  child,  and  cer  *  ca  e 
describe  the  color  of  the  hair  and  eyes,  the  height  and 
weight  and  any  distinguishing  facial  marks  of  such 
child,  and  that  the  papers  required  by  the  preceding 
section  have  been  duly  examined,  approved  and  filed 
and  that  the  child  named  in  such  certificate  has  appeared 
before  the  officer  signing  the  certificate  and  been 
examined. 

§  73.  School  record,  what  to  contain.  The  school  school 
record  required  by  this  article  shall  be  signed  by  record 
the  principal   or   chief   executive  officer   of   the   school 


4SS  The  Public  Health  Manual 

which  such  child  has  attended  and  shall  be  furnished, 
on  demand,  to  a  child  entitled  thereto  or  to  the 
board,  department  or  commissioner  of  health.  It  shall 
contain  a  statement  certifying  that  the  child  has  regu- 
larly attended  the  public  schools  or  schools  equivalent 
thereto,  or  parochial  schools,  for  not  less  than  one 
hundred  and  thirty  days  during  the  twelve  months  next 
preceding  his  fourteenth  birthday,  or  during  the  twelve 
months  next  preceding  his  application  for  such  school 
record  and  is  able  to  read  and  write  simple  sentences 
in  the  English  language,  and  has  received  during  such 
period  instruction  in  reading,  spelling,  writing,  English 
grammar  and  geography  and  is  familiar  with  the  funda- 
mental operations  of  arithmetic  up  to  and  including 
fractions  and  has  completed  the  work  prescribed  for 
the  first  six  years  of  the  public  elementary  school  or 
school  equivalent  thereto  or  parochial  school  from 
which  such  school  record  is  issued.  Such  school  record 
shall  also  give  the  date  of  birth  and  residence  of  the 
child  as  shown  on  the  records  of  the  school  and  the 
name  of  its  parent  or  guardian  or  custodian.  (Amended 
by  L.  1913,  ch.  144,  in  effect  Oct.  1,  1913.) 
super-  §  75.  Supervision  over  issuance  of  certificates.     The 

board  or  department  of  health  or  health  commissioner 
of  a  city,  village  or  town,  shall  transmit,  between  the 
first  and  tenth  day  of  each  month,  to  the  commissioner 
of  labor,  a  list  of  the  names  of  all  children  to  whom 
certificates  have  been  issued  during  the  preceding  month 
together  with  a  duplicate  of  the  record  of  every  exami- 
nation as  to  the  physical  fitness,  including  examinations 
resulting  in  rejection.  Such  list  shall  be  accompanied 
by  a  statement  in  a  form  which  shall  be  prepared  and 
furnished  by  the  commissioner  of  labor,  certifying  to 
the  kinds  of  evidence  <of  age,  together  with  the  number  of 
each  specified  kind,  accepted  by  the  officer  issuing  em- 
ployment certificates  as  proof  of  age  for  the  granting  of 
employment  certificates.  The  board  or  department  of 
health  or  health  commissioner  of  a  city,  village  or  town 


vision    over 
issuance 
of    cer- 
tificates 


Labor  Law  489 

shall  likewise  transmit  weekly  to  the  superintendent  of 
schools  of  each  such  locality,  a  list  of  the  names  and 
home  addresses  of  all  children  granted  or  refused  em- 
ployment certificates,  together  with  a  statement  showing 
in  each  rejected  case  the  reason  for  such  refusal. 

In   cities   of   the   first  and   second   class  all   employ-  School 
ment  certificates  and  school  records  required  under  the  employ- a° 
provisions  of  this  chapter  shall  be  in  such  form  as  shall  ment 

certificate 

be  approved  by  the  commissioner  of  labor.     In  towns,  blanks 
ullages  or  cities  other  than  cities  of  the  first  or  second  ^T^tar^ 
class,    the    commissioner    of    labor    shall    prepare    and  nisnea    by 
furnish  blank   forms  for   such   employment   certificates  sione/of 
and   school  records.     No   school  record  or   employment  labor 
certificate    required   by    this    article    other    than    those 
approved  or  furnished  by  the  commissioner  of  labor  as 
above    provided    shall    be   used.      The    commissioner    of 
labor  shall  inquire  into  the  administration  and  enforce- 
ment  of   the   provisions   of   this   article   by   all   public 
officers  charged  with  the  duty  of  issuing  employment 
certificates,  and  for  that  purpose  the  commissioner  of 
labor  shall  have  access  to  all  papers  and  records  required 
to  be  kept  by  all  such  officers.     The  commissioner  of 
labor    shall    transmit   to    the    local    superintendent    of 
schools  between  the  first  and  tenth  day  of  each  month, 
on  forms  prepared  and  furnished  by  the  state  education 
department,  a  list  of  the  names  and  home  addresses  of 
all  children  under  sixteen  years  of  age  found  during  the 
preceding  month,  working  illegally  in  factories  or  for 
any  factory  at  any  place  or  in  any  establishment  speci- 
fied in  section  one  hundred  and  sixty-one  of  this  chap- 
ter.     (Amended  by  L.  1912,  ch.  333,  L.   1913,  ch.   144, 
and  L.  1917,  ch.  536,  in  effect  May  17,  1917.) 

§  76-a.  Physical  examination  of  children  in  factories;  Physical 
cancellation  of  employment  certificates.     1.  All  children  l™™iQ*f' 
between   fourteen   and   sixteen   years   of    age   employed  children 
in    factories    shall    submit   to    a    physical    examination 
whenever  required  by  a  medical  inspector  of  the  state 
department  of  labor.     The  result  of  all  such  physical 


490 


The  Public  Health  Manual 


Cancella- 
tion  of 
labor     cer- 
tificate   if 
physical 
examina- 
tion 
refused 


examinations  shall  be  recorded  on  blanks  furnished  for 
that  purpose  by  the  commissioner  of  labor,  and  shall  be 
kept  on  file  in  such  office  or  offices  of  the  department  as 
the  commissioner  of  labor  may  designate. 

2.  If  any  such  child  shall  fail  to  submit  to  such 
physical  examination,  the  commissioner  of  labor  may 
issue  an  order  cancelling  such  child's  employment  cer- 
tificate. Such  order  shall  be  served  upon  the  employer 
of  such  child  who  shall  forthwith  deliver  to  an  author- 
ized representative  of  the  department  of  labor  the  child's 
employment  certificate.  A  certified  copy  of  the  order 
of  cancellation  shall  be  served  on  the  board  of  health 
or  other  local  authority  that  issued  the  said  certificate. 
No  such  child  whose  employment  certificate  has  been 
cancelled,  as  aforesaid,  shall,  while  said  cancellation 
remains  unrevoked,  be  permitted  or  suffered  to  work  in 
any  factory  of  the  state  before  it  attains  the  age  of 
sixteen  years.  If  thereafter  such  child  shall  submit  to 
the  physical  examination  required,  the  commissioner  of 
labor  may  issue  an  order  revoking  the  cancellation  of 
the  employment  certificate  and  may  return  the  employ- 
ment certificate  to  such  child.  Copies  of  the  order  of 
revocation  shall  be  served  upon  the  former  employer  of 
the  child  and  the  local  board  of  health  as  aforesaid, 
if  physical  3.  If  as  a  result  of  the  physical  examination  made 
tfon^hows  ky  a  medical  inspector  it  appears  that  the  child  is 
unfitness  physically  unfit  to  be  employed  in  a  factory,  such 
medical  inspector  shall  forthwith  submit  a  report  to 
that  effect  to  the  commissioner  of  labor  which  shall  be 
kept  on  file  in  the  office  of  the  commissioner  of  labor, 
setting  forth  in  detail  his  reasons  therefor,  and  the 
commissioner  of  labor  may  issue  an  order  cancelling 
the  employment  certificate  of  such  child.  Such  order 
of  cancellation  shall  be  served,  and  the  child's  employ- 
ment certificate  delivered  up,  as  provided  in  subdivision 
two  hereof,  and  no  such  child  while  the  said  order  of 
cancellation  remains  unrevoked  shall  be  permitted  or 


Labor  Law  491 

suffered  to  work  in  any  factory  of  the  state  before  it 
attains  the  age  of  sixteen  years.     If  upon  a  subsequent  Physical 
physical  examination  of  the  child  by  a  medical  inspector  ^own    by 
of  the  department  of  labor  it  appears  that  the  physical  subsequent 
infirmities  have  been  removed,   such  medical  inspector  examina- 
shall  certify  to  that  effect  to  the  commissioner  of  labor,  tl0n 
and  the  commissioner  of  labor  may  thereupon  make  an 
order  revoking  the  cancellation  of  the  employment  cer- 
tificate and  may  return  the  certificate  to   such   child. 
The  order  of  revocation  shall  be  served  in  the  manner 
provided  in  subdivision  two  hereof.     (Added  by  L.  1913, 
ch.  200,  in  effect  Oct.  1,  1913.) 
§  103.  Powers  and  duties  of  boards  of  health  relative  Powers  and 

.  .  m  duties     of 

to  tenement-made  articles.    If  the  commissioner  of  labor  boards    of 
finds  evidence  of  disease  present  in  a  room  or  apartment  relative    to 

in  a  tenement  house  in  which  any  articles  are  manufac-  tenement- 
made 
tured,  altered,  repaired  or  finished  or  in  process  thereof,  articles 

he  shall  affix  to  such  article  the  label  prescribed  in  the 
preceding  section,  and  immediately  report  to  the  local 
board  of  health,  who  shall   disinfect   such  articles,  if 
necessary,  and  thereupon  remove  such  label.    If  the  com- 
missioner of  labor  finds  that  infectious,  contagious  or 
communicable  diseases  exist  in  a  room  or  apartment  of  a 
tenement  house  in  which  any  articles  are  being  manu- 
factured, altered,  repaired  or  finished,  or  that  articles 
manufactured  or  in  process  of  manufacture  therein  are 
infected  or  that  goods  used  therein  are  unfit  for  use,  he 
shall  report  to  the  local  board  of  health.     The  local  Co™; 
health  department   or   board   in   every  city,   town   and  disease   in 
village  whenever  there  is  any  infectious,  contagious  or  he0^esment" 
communicable  disease  in  a  tenement  house  shall  cause 
an  inspection  of  such  tenement  house  to  be  made  within 
forty-eight    hours.      If    any    articles    are    found    to    be  Powers  and 
manufactured,  altered,  repaired  or  finished,  or  in  process  boards  °of 
thereof  in  an  apartment  in  which  such  disease  exists,  health  re- 
such  board  shall  issue  such  order  as  the  public  health  tenement 
may  require,  and  shall  at  once  report  such  facts  to  the  ™t^es 


492 


The  Public  Health  Manual 


commissioner  of  labor,  furnishing  such  further  informa- 
tion as  he  may  require.  Such  board  may  condemn  and 
destroy  all  such  infected  article  or  articles  manufac- 
tured or  in  the  process  of  manufacture  under  unclean 
or  unhealthful  conditions.  The  local  health  department 
or  board  or  other  appropriate  authority  charged  with 
the  duty  of  sanitary  inspection  of  such  houses  in  every 
city,  town  and  village  shall,  when  so  requested  by  the 
commissioner  of  labor,  furnish  copies  of  its  records  as 
to  the  presence  of  infectious,  contagious  or  communi- 
cable disease,  or  of  unsanitary  conditions  in  said  houses; 
and  shall  furnish  such  other  information  as  may  be 
necessary  to  enable  the  commissioner  of  labor  to  carry 
out  the  provisions  of  this  article.  (Amended  by  L.  1913, 
ch.  260,  in  effect  Oct.  1,  1913.) 


Employ- 
ment   of 
children     in 
mercantile 
establish- 
ments 


Employ- 
ment 
certificate 
mercan- 
tile   estab- 
lishments 


ARTICLE  XII  OF  LABOR  LAW 

Employment  of  women  and  children  in  mercantile 
establishments 

§  162.  Employment  of  children.  No  child  under  the 
age  of  fourteen  years  shall  be  employed  or  permitted  to 
work  in  or  in  connection  with  any  mercantile  or  other 
business  or  establishment  specified  in  the  preceding  sec- 
tion. No  child  under  the  age  of  sixteen  years  shall  be 
so  employed  or  permitted  to  work  unless  an  employ- 
ment certificate,  issued  as  provided  in  this  article,  shall 
have  been  theretofore  filed  in  the  office  of  the  employer 
at  the  place  of  employment  of  such  child.  (Amended  by 
L.  1911,  ch.  866,  in  effect  Oct.  1,  1911.) 

§  163.  Employment  certificate,  how  issued.  1.  Such 
certificate  shall  be  issued  by  the  commissioner  of  health 
or  the  executive  officer  of  the  board  or  department  of 
health  of  the  city,  town  or  village  where  such  child 
resides  or  is  to  be  employed,  or  by  such  other  officer 
thereof  as  may  be  designated  by  such  board,  department 
or  commissioner  for  that  purpose,  upon  the  application 
of  the  parent,  guardian  or  custodian  of  the  child  desiring 


Labor  Law  493 

such  employment.  Such  officer  shall  not  issue  such  cer- 
tificate until  he  has  received,  examined,  approved  and 
filed  the  following  papers  duly  executed,  namely:  The 
school  record  of  such  child  properly  filled  out  and  signed 
as  provided  in  this  article;  also,  evidence  of  age  showing 
that  the  child  is  fourteen  years  old  or  upwards,  which 
shall  consist  of  the  evidence  thereof  provided  in  one 
of  the  following  paragraphs  of  this  subdivision  and 
which  shall  be  required  in  the  order  herein  designated 
as  follows: 

(a)  Birth  certificate;  passport  or  baptismal  certifi-  Evidence 
cate.  A  duly  attested  transcript  of  the  birth  certificate  °equ^ed 
filed  according  to  law  with  a  registrar  of  vital  statistics 

or  other  officer  charged  with  the  duty  of  recording 
births;  or  a  passport;  or  a  duly  attested  transcript  of 
a  certificate  of  baptism  showing  the  date  of  birth  of 
such  child. 

(b)  Other  documentary  evidence.  In  case  it  shall 
appear  to  the  satisfaction  of  the  officer  to  whom  appli- 
cation is  made,  as  herein  provided,  for  an  employment 
certificate,  that  a  child  for  whom  such  certificate  is 
requested  and  who  has  presented  the  school  record,  is 
in  fact  over  fourteen  years  of  age,  and  that  satisfactory 
documentary  evidence  of  age  can  be  produced,  which 
does  not  fall  within  any  of  the  provisions  of  the  preced- 
ing paragraph  of  this  subdivision,  and  that  none  of  the 
papers  mentioned  in  said  paragraph  can  be  produced, 
then  and  not  otherwise  he  shall  present  to  the  board 
of  health  of  which  he  is  an  officer  or  agent,  for  its  action 
thereon,  a  statement  signed  by  him  showing  such  facts, 
together  with  such  papers  as  may  have  been  produced  Employ. 
before   Mm   constituting   such   evidence.     The   commis-  ment   cer- 

tificates 

sioner  of  health,  or  when  officially  authorized,  the  issu-  mercantile 
ing  officer  of  the  board  or  department  of  health  may  ^g^isl1" 
then  accept  such  evidence  as  sufficient  as  to  the  age  of 
such  child,  and  a  record  of  such  evidence  shall  be  fully 
entered  on  the  minutes  of  the  board  at  the  next  meet- 
ing thereof. 


494  The  Public  Health  Manual 

First    class       (c)   Physicians'    certificates.      In   cities   of   the   first 
physicians'   cla8S  OI1^7>  in  case  application  for  the  issuance  of  an 
certificates    employment  certificate  shall  be  made  to  such  officer  by 
a  child's  parent,  guardian  or  custodian  who  alleges  his 
inability  to  produce  any  of  the  evidence  of  age  specified 
in  the  preceding  paragraphs  of  this  subdivision,  and  if 
the  child  is  apparently  at  least  fourteen  years  of  age,  such 
officer  may  receive  and  file  an  application  signed  by  the 
parent,  guardian  or  custodian  of  such  child  for  physi- 
cians'  certificates.     Such  application   shall  contain  the 
alleged  age,  place  and  date  of  birth,  and  present  resi- 
dence of  such  child,  together  with  such  further  facts  as 
may  be  of  assistance  in  determining  the  age  of  such 
child.    Such  application  shall  be  filed  for  not  less  than 
sixty  days  after  date  of  such  application  for  such  physi- 
cians' certificates,  for  an  examination  to  be  made  of  the 
statements    contained    therein,    and    in    case    no    facts 
appear    within    such    period    or    by    such    examination 
tending  to  discredit  or  contradict  any  material  statement 
of  such  application,  then  and  not  otherwise  the  officer 
may  direct  such  child  to  appear  thereafter  for  physical 
examination  before  two  physicians  officially  designated 
by  the  board  of  health,  and  in  case  such  physicians  shall 
certify  in  writing  that  they  have  separately  examined 
such  child  and  that  in  their  opinion  such  child  is  at 
least  fourteen  years  of  age  such  officer  shall  accept  such 
certificates  as  sufficient  proof  of  the  age  of  such  child 
for  the  purposes  of  this  section.    In  case  the  opinions  of 
such  physicians  do  not  concur,  the  child  shall  be  ex- 
amined by  a  third  physician  and  the  concurring  opinions 
shall  be  conclusive  for  the  purpose  of  this  section  as  to 
the  age  of  such  child. 
Affidavit  of      ^.  Such    officer    shall    require    the    evidence    of    age 
parent  as      specified  in  paragraph   (a)    in  preference  to  that  speci- 

to   evidence   /  .     ,  ,/  ,         -         ,,... 

of  age  fied   in   any   subsequent  paragraph   of   subdivision   one 

and  shall  not  accept  the  evidence  of  age  permitted  by 
any  subsequent  paragraph  unless  he  shall  receive  and 


Labor  Law  495 

file  in  addition  thereto  an  affidavit  of  the  parent  show- 
ing that  no  evidence  of  age  specified  in  any  preceding 
paragraph  or  paragraphs  of  subdivision  one  can  be  pro- 
duced. Such  affidavit  shall  contain  the  age,  place  and 
date  of  birth,  and  present  residence  of  such  child, 
which  affidavit  must  be  taken  before  the  officer  issuing 
the  employment  certificate,  who  is  hereby  authorized 
and  required  to  administer  such  oath  and  who  shall 
not  demand  or  receive  a  fee  therefor. 

3.  Such    employment   certificate    shall   not   be   issued  Empioy- 
until  such  child  further  has  personally  appeared  before  ^gcates^ 
and  been  examined  by  the  officer  issuing  the  certificate,  mercantile 

J  b  '   establish- 

and  until  such  officer  shall,  after  making  such  exami-  ments 
nation,  sign  and  file  in  his  office  a  statement  that  the 
child  can  read  and  write  correctly  simple  sentences  in 
the  English  language  and  that  in  his  opinion  the  child 
is  fourteen  years  of  age  or  upwards  and  has  reached 
the  normal  development  of  a  child  of  its  age,  and  is 
in  sound  health  and  is  physically  able  to  perform  the 
work  it  intends  to  do.  Every  such  employment  cer-  physiCai 
tificate  shall  be  signed  in  the  presence  of  the  officer  examina- 
issuing  the  same,  by  the  child  in  whose  name  it  is 
issued.  In  every  case,  before  an  employment  certificate 
is  issued,  such  physical  fitness  shall  be  determined  by 
a  medical  officer  of  the  department  or  board  of  health, 
who  shall  make  a  thorough  physical  examination  of 
the  child  and  record  the  result  thereof  on  a  blank 
which  shall  be  prescribed  by  the  commission  and  which 
shall  set  forth  such  facts  concerning  the  physical  con- 
dition and  history  of  the  child  as  the  commission  may 
require.  Outside  of  cities  of  the  first  and  second  class 
such  blanks  shall  be  furnished  by  the  commission. 

4.  In  case  the  evidence  of  age,  filed  as  in  this  sec-  Educa- 
tion provided,   shows   such   child  to  be  fourteen  years  requ^re- 
old  but  fails  to  show  such  child  to  be  fifteen  years  old,  ments 

children. 

no  employment  certificate   shall  be  issued  unless  such  under 
child,  in   addition  to   complying  with   all  the  require-  fifteen 


496 


The  Public  Health  Manual 


ment 


merits  of  this  section  and  producing  the  school  record 
described  in  section  seventy-three,  shall  also  present  a 
certificate  of  graduation  properly  issued  in  the  name 
of  such  child,  from  a  public  elementary  school,  or 
school  equivalent  thereto,  or  parochial  school,  or  a 
preacademic  certificate  issued  by  the  regents,  or  a 
certificate  of  the  completion  of  an  elementary  course 
issued  by  the  education  department.  (Am'd  by  L.  1918, 
ch.  459,  in  effect  May  6,  1918.) 
contents  §   164.  Contents  of  certificate.     Such  certificate  shall 

SentTel0-7"   state    the     date    and    PlaCe    °f    birtn    °f    the    child>    and 

tificate,         describe  the  color  of  hair  and  eyes  and  the  height  and 

mercantile  .-,.  t  -,.    ,.  .-,.  ,.      •    ■•  i  » 

establish-  weight  and  any  distinguishing  facial  marks  of  such 
child,  and  that  the  papers  required  by  the  preceding 
section  have  been  duly  examined,  approved  and  filed 
and  that  the  child  named  in  such  certificate  has  ap- 
peared before  the  officer  signing  the  certificate  and  been 
examined. 

§  165.  School  record,  what  to  contain.  The  school 
record  required  by  this  article  shall  be  signed  by  the 
principal  or  chief  executive  officer  of  the  school  which 
such  child  has  attended  and  shall  be  furnished  on 
demand  to  a  child  entitled  thereto  or  to  the  board, 
department  or  commissioner  of  health.  It  shall  contain 
a  statement  certifying  that  the  child  has  regularly 
attended  the  public  schools  or  schools  equivalent  thereto 
or  parochial  schools  for  not  less  than  one  hundred  and 
thirty  days  during  the  twelve  months  next  preceding 
his  fourteenth  birthday,  or  during  the  twelve  months 
next  preceding  his  application  for  such  school  record, 
and  is  able  to  read  and  write  simple  sentences  in  the 
English  language,  has  received  during  such  period  in- 
struction in  reading,  spelling,  writing,  English  grammar 
and  geography,  and  is  familiar  with  the  fundamental 
operations  of  arithmetic  up  to  and  including  fractions 
and  has  completed  the  work  prescribed  for  the  first  six 
years  of  the  public  elementary  school  or  school  equiva- 
lent   thereto    or    parochial    school,    from    which    such 


School 
record 


Labor  Law  497 

school  record  is  issued.  Such  school  record  shall  also 
give  the  date  of  birth  and  residence  of  the  child  as 
shown  o  ">  the  records  of  the  school  and  the  name  of  its 
parent  or  guardian  or  custodian.  (Am'd  by  L.  1913, 
ch.  144,  in  effect  Oct.  1,  1913.) 

§  165-a.  Summer     vacation     permit.        During     the  summer 
months  of  July  and  August,  children  between  the  ages  vacat.1°n 

J  G        '  to        permit 

of  fourteen  and  sixteen  years,  notwithstanding  the 
provisions  of  sections  one  hundred  and  sixty-two  and 
one  hundred  and  sixty-three  of  this  chapter,  may  be 
employed  in  or  in  connection  with  any  mercantile  estab- 
lishment or  business  office  in  cities  or  villages  upon 
obtaining  the  summer  vacation  permit  herein  pro- 
vided for.  iSuch  permit  shall  bear  conspicuously  across 
the  face  the  following  words  in  red  ink :  "  Summer 
vacation  permit  good  only  from  July  first  until  August 
thirty-first  inclusive."  The  summer  vacation  permit 
shall  differ  in  size  and  color  from  the  employment 
certificate  and  shall  not  be  granted  unless  all  the  pro- 
visions of  section  one  hundred  and  sixty-three,  except 
that  relating  to  the  filing  of  a  school  record,  shall  have 
been  complied  with.  No  summer  vacation  permit  shall  certificate 
be  granted  until  the  officer  issuing  employment  cer-  of  sch001 
tificates  shall  receive,  examine  and  file,  in  lieu  of  a  required 
school  record,  a  certificate  of  attendance,  which  shall 
contain  a  statement  certifying  that  the  child  has  regu- 
larly attended  the  public  schools  or  schools  equivalent 
thereto  or  parochial  schools  for  not  less  than  one  hun- 
dred and  thirty  days  during  the  twelve  months  next 
preceding  his  fourteenth  birthday,  or  during  the  twelve 
months  next  preceding  his  application  for  such  summer 
vacation  permit.  The  certificate  of  attendance  herein 
required  shall  be  issued  in  the  same  manner  as  pre- 
scribed in  section  one  hundred  and  sixty-five  regulating 
the  issuance  of  school  records. 

The  officer  issuing  employment  certificates   shall  not  Summer 
issue  a  summer  vacation  permit  until  he  has  also  re-  permit 
ceived,  examined  and  filed   a  statement  signed  by  the 


498 


The  Public  Health  Manual 


Statement 
by    pro- 
spective 
employer 


Summer 
vacation 
permit 


prospective  employer,  or  some  one  duly  authorized  on 
his  behalf,  showing  that  he  expects  to  give  such  child 
present  employment  and  setting  forth  the  character 
of  the  work  to  be  required.  The  summer  vacation 
permit  herein  described  shall  be  granted  to  the  pro- 
spective employer  and  shall  contain,  in  addition  to  the 
contents  prescribed  for  the  employment  certificate,  the 
name  of  the  employer  and  the  address  at  which  the 
child  is  to  be  employed,  and  shall  be  forwarded  by 
mail  by  the  issuing  officer  to  such  employer,  and  shall 
be  valid  for  the  employment  of  the  child  named  therein 
by  the  employer  to  whom  it  is  granted,  and  only  dur- 
ing the  months  of  July  and  August. 

It  shall  be  the  duty  of  every  person  to  whom  a  sum- 
mer vacation  permit  has  been  granted  to  return  such 
permit  by  mail  to  the  issuing  officer  as  follows: 

1.  Within  three  days  after  its  receipt,  in  case  the 
child  for  whose  employment  it  was  granted  is  not 
employed ; 

2.  Within  three  days  after  the  termination  of  the 
employment  of  the  child,  if  occurring  within  the  per- 
mitted period  of  summer  employment; 

3.  Within  three  days  after  August  thirty-first,  in 
case  such  child  is  employed  until  the  termination  of 
the  permit. 

Any  person,  firm  or  corporation  who  fails  to  return 
the  summer  vacation  permit  when  required  to  do  so 
by  this  section,  or  who  employs  a  child  under  sixteen 
years  of  age  upon  a  summer  vacation  permit,  except 
during  the  months  of  July  and  August,  shall  be  guilty 
of  a  misdemeanor. 

The  issuing  officer  to  whom  a  summer  vacation  per- 
mit has  been  returned  shall  file  said  permit  and 
preserve  it  for  at  least  one  year.  Any  child  whose 
summer  vacation  permit  has  been  returned  as  above 
provided  and  who,  after  re-examination,  is  found  to 
be  physically  fit  to  perform  the  work  for  which  the  new 


Labor  Law  499 

permit  is  to  be  granted,  shall  be  entitled  to  a  new 
permit  upon  presentation  of  a  statement  from  a 
prospective  employer  as  hereinbefore  provided.  (Added 
by  L.  1918,  ch.  628,  in  effect  May  11,  1918.) 

§  166.  Supervision  over  issuance  of  certificate.  The  super- 
board  or  department  of  health  or  health  commissioner  issuance 
of  a  city,  village  or  town,  shall  transmit,  between  the  of  cer~ 
first  and  tenth  day  of  each  month,  to  the  commissioner 
of  labor,  a  list  of  the  names  of  all  children  to  whom 
certificates  have  been  issued  during  the  preceding  month, 
together  with  a  duplicate  of  the  record  of  every  examina- 
tion as  to  physical  fitness,  including  examinations  re- 
sulting in  rejection.  Such  list  shall  be  accompanied  by  a 
statement  in  a  form  which  shall  be  prepared  and  fur- 
nished by  the  commissioner  of  labor,  certifying  to  the 
kinds  of  evidence  of  age,  together  with  the  number  of 
each  specified  kind,  accepted  by  the  officer  issuing  em- 
ployment certificates  as  proof  of  age  for  the  granting  of 
employment  certificates.  The  board  or  department  of 
health  or  health  commissioner  of  a  city,  village  or  town 
shall  likewise  transmit  weekly  to  the  superintendent  of 
schools  of  each  such  locality,  a  list  of  the  names  and 
home  addresses  of  all  children  granted  or  refused  em- 
ployment certificates,  together  with  a  statement  showing 
in  each  rejected  case  the  reason  for  such  refusal. 

In  cities  of  the  first  and  second  class  all  employment 
certificates  and  school  records  required  under  the  pro- 
visions of  this  chapter  shall  be  in  such  form  as  shall  be 
approved  by  the  commissioner  of  labor.  In  towns,  vil- 
lages or  cities  other  than  cities  of  the  first  or  second 
class,  the  commissioner  of  labor  shall  prepare  and  fur- 
nish blank  forms  for  such  employment  certificates  and 
school  records.    No  school  record  or  employment  certifi-  Super- 

*  vision 

cate  required  by  this  article,  other  than  those  approved  over    issu- 
er furnished  by  the  commissioner  of  labor  as  above  pro-  gerct^fiCates 
vided,  shall  be  used.     The  commissioner  of  labor  shall 
inquire  into  the  administration  and  enforcement  of  the 


500  The  Public  Health  Manual 

provisions  01  this  article  by  all  public  officers  charged 
with  the  duty  of  issuing  employment  certificates,  and  for 
that  purpose  the  commissioner  of  labor  shall  have  access 
to  all  papers  and  records  required  to  be  kept  by  all  such 
officers.  The  commissioner  of  labor  shall  transmit  to 
the  local  superintendent  of  schools  between  the  first  and 
tenth  day  of  each  month,  on  forms  prepared  and  fur- 
nished by  the  state  education  department,  a  list  of  the 
names  and  home  addresses  of  all  children  under  sixteen 
years  of  age  found  during  the  preceding  month,  working 
illegally  in  factories  or  for  any  factory  at  any  place  or  in 
any  establishment  specified  in  section  one  hundred  and 
sixty-one  of  this  chapter.  (Added  by  L.  1913,  cli.  144, 
and  amended  by  L.  1917,  ch.  536,  in  effect  May  17, 
1917.) 
Registry  §    167.  Registry  of  children  employed.     The  owner, 

employed1"611  manager  or  agent  of  a  mercantile  or  other  establish- 
mercantiie  ment  specified  in  section  one  hundred  and  sixty-one, 
ment '  "  employing  children,  shall  keep  or  cause  to  be  kept  in 
the  office  of  such  establishment,  a  register,  in  which 
shall  be  recorded  the  name,  birthplace,  age  and  place  of 
residence  of  all  children  so  employed  under  the  age  of 
sixteen  years.  Such  register  and  the  certificate  filed  in 
such  office  shall  be  produced  for  inspection,  upon  the 
demand  of  an  officer  of  the  board,  department  or  com- 
missioner of  health  of  the  town,  village  or  city  where 
such  establishment  is  situated,  or  if  such  establishment 
is  situated  in  a  city  of  the  first  or  second  class,  upon 
the  demand  of  the  commissioner  of  labor.  On  termina- 
tion of  the  employment  of  the  child  so  registered  and 
whose  certificate  is  *  so  filed,  such  certificate  shall  be 
forthwith  surrendered  by  the  employer  to  the  child  or 
Health  its  parent  or  guardian  or  custodian.     An  officer  of  the 

demand may  board,    department   or    commissioner    of   health    of    the 
evidence       town,  village  or  city  where  a  mercantile  or  other  estab- 
lishment mentioned  in  this  article  is  situated,  or  if  such 
establishment  is  situated  in  a  city  of  the  first  or  second 


Labor  Law  501 

class  the  commissioner  of  labor  may  make  demand  on 

an  employer  in  whose  establishment  a  child  apparently 

under  the  age  of  sixteen  years  is  employed  or  permitted 

or  suffered  to  work,  and  whose  employment  certificate 

is  not  then  filed  as  required  by  this  chapter,  that  such  Registry 

employer    shall    either    furnish   him,    within   ten    days,  employed, 

evidence  satisfactory  to  him  that  such  child  is  in  fact  ™ercan- 

"  .  tile    estab- 

over  sixteen  years  of  age,  or  shall  cease  to  employ  or  nshment 
permit  or  suffer  such  child  to  work  in  such  establish- 
ment. The  officer  may  require  from  such  employer  the 
eame  evidence  of  age  of  such  child  as  is  required  on  the 
issuance  of  an  employment  certificate  and  the  employer 
furnishing  such  evidence  shall  not  be  required  to  fur- 
nish any  further  evidence  of  the  age  of  the  child.  A 
notice  embodying  such  demand  may  be  served  on  such 
employer  personally  or  may  be  sent  by  mail  addressed 
to  him  at  said  establishment,  and  if  served  by  post  shall 
be  deemed  to  have  been  served  at  the  time  when  the 
letter  containing  the  same  would  be  delivered  in  the 
ordinary  course  of  the  post.  When  the  employer  is  a 
corporation  such  notice  may  be  served  either  person- 
ally upon  an  officer  of  such  corporation,  or  by  sending  it 
by  post  addressed  to  the  office  or  the  principal  place  of 
business  of  such  corporation.  The  papers  constituting 
such  evidence  of  age  furnished  by  the  employer  in  re- 
sponse to  such  demand  shall,  except  in  cities  of  the  first 
and  second  class,  be  filed  with  the  board,  department  or 
commissioner  of  health,  and  in  cities  of  the  first  and 
second  class  with  the  commissioner  of  labor,  and  a 
material  false  statement  made  in  any  such  paper  or 
affidavit  by  any  person  shall  be  a  misdemeanor.  In  case 
such  employer  shall  fail  to  produce  or  deliver  to  the 
officer  of  the  board,  department  or  commissioner  of 
health,  or  in  cities  of  the  first  and  second  class  to  the 
commissioner  of  labor,  within  ten  days  after  such  de- 
mand such  evidence  of  age  herein  required  by  him,  and 
shall  thereafter  continue  to  employ  such  child  or  permit 
or  suffer  such  child  to  work  in  such  mercantile  or  other 


502 


The  Public  Health  Manual 


Lunch- 
room   in 
mercantile 
establish- 
ment 


Employ- 
ment    of 
women    and 
children    in 
basements, 
mercantile 
establish- 
ments 


establishment,  proof  of  the  giving  of  such  notice  and  of 
such  failure  to  produce  and  file  such  evidence  shall  be 
prima  facie  evidence  in  any  prosecution  brought  for  a 
violation  of  this  article  that  such  child  is  under  sixteen 
years  of  age  and  is  unlawfully  employed.  (Amended  by 
L.  1913,  ch.  145,  §  14,  in  effect  Mch.  28,  1913.) 

§  169.  Lunch-rooms.  If  a  lunch-room  is  provided  in 
a  mercantile  establishment  where  females  are  employed, 
such  lunch-room  shall  not  be  next  to  or  adjoining  the 
water-closets,  unless  permission  is  first  obtained  from 
the  board  or  department  of  health  or  health  commis- 
sioners of  the  town,  village  or  city  where  such  mercan- 
tile establishment  is  situated,  unless  such  establish- 
ment is  situated  in  a  city  of  the  first  or  second  class  in 
which  case  such  permission  must  be  obtained  from  the 
commissioner  of  labor.  Such  permission  shall  be  granted 
unless  it  appears  that  proper  sanitary  conditions  do  not 
exist,  and  it  may  be  revoked  at  any  time  by  the  board 
or  department  of  health  or  health  commissioners,  if  it 
appears  that  such  lunch-room  is  kept  in  a  manner  or  in 
a  part  of  a  building  injurious  to  the  health  of  the  em- 
ployees, unless  such  establishment  is  situated  in  a  city 
of  the  first  or  second  class,  in  which  case  said  permis- 
sion may  be  so  revoked  by  the  commissioner  of  labor. 
(Amended  by  L.  -1913,  ch.  145,  in  effect  March  28,  1913.) 

§  171.  Employment  of  women  and  children  in  base- 
ments. Women  or  children  shall  not  be  employed  or 
permitted  to  work  in  the  basement  of  a  mercantile 
establishment,  unless  permitted  by  the  board  or  depart- 
ment of  health,  or  health  commissioners  of  the  town, 
village  or  city  where  such  mercantile  establishment  is 
situated,  unless  such  establishment  is  situated  in  a  city 
of  the  first  or  second  class  in  which  case  such  permission 
must  be  obtained  from  the  commissioner  of  labor.  Such 
permission  shall  be  granted  unless  it  appears  that  such 
basement  is  not  sufficiently  lighted  and  ventilated,  and 
is  not  in  good  sanitary  condition.  (Amended  by  L.  1913, 
ch.  145,  §  14,  in  effect  March  28,  1913.) 


Labor  Law  503 


172.  Enforcement   of  article.     Except  in   cities  of  Enforce- 
ment c 

article 


the  first  and  second  elass  the  board  or  department  of  n 


health  or  health  commissioners  of  a  town,  village  or 
city  affected  by  this  article  shall  enforce  the  same  and 
prosecute  all  violations  thereof.  Proceedings  to  prose- 
cute such  violations  must  be  begun  within  sixty  days 
after  the  alleged  offense  was  committed.  All  officers 
and  members  of  such  boards  or  department,  all  health 
commissioners,  inspectors  and  other  persons  appointed 
or  designated  by  such  boards,  departments  or  commis- 
sioners may  visit  and  inspect,  at  reasonable  hours  and 
when  practicable  and  necessary,  all  mercantile  or  other 
establishments  herein  specified  within  the  town,  village 
or  city  for  which  they  are  appointed.  No  person  shall 
interfere  with  or  prevent  any  such  officer  from  making 
such  visitations  and  inspections,  nor  shall  he  be  ob- 
structed or  injured  by  force  or  otherwise  while  in  the 
performance  of  his  duties.  All  persons  connected  with 
any  such  mercantile  or  other  establishment  herein 
specified  shall  properly  answer  all  questions  asked  by 
such  officer  or  inspector  in  reference  to  any  of  the  pro- 
visions of  this  article.  In  cities  of  the  first  and  second  Enforce- 
ment of 
class  the  commissioner  of  labor  shall  enforce  the  pro-  article 

visions  of  this  article,  and  for  that  purpose  he  and  his 
subordinates  shall  possess  all  powers  herein  conferred  • 
upon  town,  village,  or  city  boards  and  departments  of 
health  and  their  commissioners,  inspectors,  and  other 
officers,  except  that  the  board  or  department  of  health 
of  said  cities  of  the  first  and  second  class  shall  continue 
to  issue  employment  certificates  as  provided  in  section 
one  hundred  and  sixty-three  of  this  chapter.  (Amended 
by  L.  1913,  ch.  145,  §  14,  in  effect  March  28,  1913.) 

LABOR  CAMPS 

To  be  maintained  in  sanitary  condition.  Labor  Law, 
§  98.  Regulations  to  be  observed,  permit  required. 
Sanitary  Code,  ch.  V  ( p. .  347 ) . 


The  Public  Health  Manual 


REGISTRATION   AND  SUPERVISION  OF 
LABORATORIES 

(Chap.  411,  L.  1917) 
§  1.  All  laboratories  and  other  places  where  live 
pathogenic  germs  are  handled  or  cultivated,  shall  be 
registered  with  the  New  York  state  department  of 
health,  and  a  registration  number  shall  be  issued  to 
each  place  so  registered.  Registration  and  application 
for  this  registration  number  shall  be  made  by  the  per- 
son, firm  or  corporation  in  charge  of  the  laboratory  or 
other  place  where  such  germs  are  handled.  The  regis- 
tration number  shall  be  valid  for  one  year,  at  the 
expiration  of  which  time  it  may  be  renewed  upon 
application. 

§  2.  All  live  pathogenic  germs  or  cultures f  of  such 
germs  when  given  away  or  sold  by  a  laboratory  or 
other  person,  shall  bear  a  label  on  the  container  show- 
ing the  registration  number  of  the  laboratory  or  other 
person,  the  name  of  the  person  or  firm  obtaining  same, 
and  the  destination  of  the  germs,  and  no  person  or 
laboratory  shall  sell  or  convey  any  live  germs  or  culture 
to  any  other  person  or  laboratory  without  the  per- 
mission of  the  state  commissioner  of  health,  providing, 
however,  that  nothing  herein  contained  shall  apply  to 
places  where  live  pathogenic  germs  or  cultures  of  such 
germs  are  handled  for  duly  organized  public  health 
boards  or  departments  and  for  no  other  person  or 
institution. 

§  3.  A  registration  fee  of  one  dollar  shall  be  charged 
to  cover  the  cost  of  issuing  the  registration  number. 

§  4.  Any  violation  of  this  act  shall  be  deemed  a 
misdemeanor  punishable  by  a  fine  of  two  hundred  dol- 
lars,  six  months'  imprisonment  or  both. 

§  5.  This  act  shall  take  effect  July  first,  nineteen 
hundred  and  seventeen.      (Became  a  law  May  8,  1917.) 


fSee  Sanitary  Code,  chap.  II,  Reg.  43,  p.  326 


Liquor   Tax   Law  505 


LAKE  GEORGE 

Deposit  of  dead  animals,  sewage,  etc.,  in,  prohibited. 
Navigation  Law,  §  52.  Health  district.  Public  Health 
Law,  §  22    (p.  35). 

LIQUOR  TAX  LAW 

(L.  1909,  ch.  39,  cons:  ch.  34  of  the  Cons.  Laws.)  ' 
§  29.  Persons  to  whom  liquor  shall  not  be  sold  or 
given  away.  No  corporation,  association,  copartnership 
or  person,  whether  taxed  under  this  chapter  or  not, 
shall  sell,  deliver  or  give  away  or  cause  or  permit  or 
procure    to    be    sold,    delivered    or    given    away    any 

liquors  to: 

#         #         «•         *         *         *         *         *         *         *         * 

6.  To  any  person  confined  in  or  committed  to  a  state  selling  or 
prison,  jail,  penitentiary,  house  of  refuge,  reformatory,  j}™^,  \n0s 
protectory,  industrial  school,  asylum  or  state  hospital,  inmates  of 

. .  institu- 

or  any  inmate  of  a  poorhouse,  or  any  patient  m  any  tions    or 
colony  or  institution  established  for  the  care  or  treat-  of  tuber- 

^  culosis 

ment  of  epileptics,  or  any  person  affected  with  tuber-  camp  or 
culosis  in  a  camp,  colony  or  hospital  established  by  forbidden 
state,  county  or  municipal  authority  and  under  the 
management  and  control  thereof,  except  upon  a  written 
prescription  from  a  physician  to  such  institution, 
colony,  camp  or  hospital,  specifying  the  cause  for  which 
such  prescription  is  given,  the  quantity  and  kind  of 
liquor  which  is  to  be  furnished,  the  name  of  the  person 
for  whom  and  the  time  or  times  at  which  the  same 
shall  be  furnished.  Such  prescription  shall  not  be 
made  unless  the  physician  is  satisfied  that  the  liquor 
furnished  is  necessary  for  the  health  of  the  person 
for  whose  use  it  is  prescribed,  and  that  fact  must  be 
stated  in  the  prescription; 

(Section  amended  by  L.  1910,  ch.  307,  and  L.  1917, 
ch.  623,  in  effect  May  22,  1917.) 


506  The  Public  Health  Manual 


MARRIAGE 

When  void  and  voidable.  Domestic  Relations  Law, 
§  §  5-7  ( p.  425 ) .  After  divorce  for  adultery.  Domes- 
tic Relations  Law,  §  8  (p.  426).  Solemnization,  proof 
and  effect.  Domestic  Relations  Law,  §§  10-25  (p.  42S). 
Unlawful  solemnizing.  Penal  Law,  §  1450  (p.  517). 
Unlawful  procurement  of  license.  Penal  Law,  §  1451 
(p.  518). 

MATTRESSES 

Manufacture   and    sale    regulated.     General    Business 
Law,    §§    3>89-m-389-w    (p.    454).      Penal    Law,    §    444- 
(p.  511). 

MEDICINE 

Practice  of.  Public  Health  Law,  §  160  (p.  100). 
Careless  distribution  of  samples.  Penal  Law,  §  1747 
(p.  521).  For  treatment  of  venereal  disease,  to  be 
dispensed  only  by  licensed  physician,  or  upon  physi- 
cian's prescription.  Public  Health  Law,  §  343-q  (p. 
240). 

MILK 

Provisions  as  to  dairy  products.  Agricultural  Law, 
§§  30-61  (p.  363).  Used  in  state  institutions,  exami- 
nation by  Commissioner  of  Agriculture.  Agricultural 
Law,  §  12  (p.  363).  Skimmed  milk.  Penal  Law,  §  438 
(p.  511).  Regulations  regarding  sale  of  milk  and 
cream  at  retail.  Sanitary  Code,  Chap.  Ill  (p.  333). 
License  to  sell,  forbidden.  Town  Law,  §  210  ( p.  544 ) . 
General  Municipal  Law,  §  81  (p.  465).  Village  Law, 
§  91    (p.  569). 

MOSQUITOES 

Drainage  of  breeding  places.  Public  Health  Law, 
§§  27-30  (p.  40).  Extermination  commission  in 
certain  counties.  Public  Health  Law,  §§  400-418  (p. 
272).       Drainage     for     protection     of     public     health 


Mosquitoes  507 

petition,  etc.  Drainage  Law,  Art.  II,  §§  2-19.  Powers 
and  duties  of  Conservation  Commission  as  to  drainage 
of  land.  Conservation  Law,  Art.  VIII.  Suffolk 
county.     L.  1916,  ch.  246. 

Extermination  of  mosquitoes,  Suffolk  county,  t 

§  1.  The  town  board  of  any  town  in  the  county  of 
Suffolk  may  establish  one  or  more  districts  for  th© 
purposes  of  this  act  within  the  town  and  outside  the 
boundaries  of  any  incorporated  village,  on  the  petition 
of  a  majority  of  the  owners  of  taxable  real  property 
in  the  proposed  district.  The  petition  must  be  signed 
by  the  petitioners  and  acknowledged  in  the  same 
manner  as  a  deed  to  be  recorded.  Such  petition,  accom- 
panied with  a  map  showing  the  boundaries  of  the  pro- 
posed district,  shall  be  filed  with  the  town  clerk.  If 
any  such  district  be  established,  the  town  board  shall 
thereafter  include  in  the  annual  budget  of  taxes  to  be 
levied  by  the  board  of  supervisors  a  sum  not  exceeding 
eight  hundred  dollars  for  the  extermination  of  mos- 
quitoes in  such  district,  which  sum  shall  be  levied  by 
such  board  of  supervisors  upon  the  property  subject 
to  taxation  in  the  district  as  so  established.  For  the 
purpose  of  the  levying  of  such  tax,  the  town  board  shall 
apportion  the  same  pro  rata  upon  such  taxable  prop- 
erty and  transmit  a  certified  statement  thereof  to  the 
board  of  supervisors.  Such  apportionment  shall  be  on 
the  basis  of  the  valuation  of  such  property  as  fixed  by 
the  last  preceding  assessment  roll  of  the  town.  After 
the  boundaries  of  such  district  shall  have  been  estab- 
lished, if  any  farm  or  lot  or  the  real  property  of  a 
corporation  or  joint  stock  association  shall  have  been 
divided  by  any  such  boundary  line,  it  shall  be  the  duty 
of  the  town  assessors  after  fixing  the  valuation  of  the 


t  See  §  400,  Public  Health  Law,  p.  272.     County  Mosquito  Extermi- 
nation Commission 


508  The  Public  Health  Manual 

whole  of  such  real  property  as  now  required  by  law  to 
determine  what  portion  of  such  valuation  is  on  account 
of  that  part  of  such  real  property  lying  within  such 
district. 

§  2.  The  tax  provided  for  in  this  act  shall  when 
collected  be  paid  to  the  supervisor,  who  shall  pay  the 
same  over  as  needed  to  a  committee  to  be  elected  as 
hereinafter  provided.  Such  committee  shall  have  charge 
of  the  expenditure  of  the  moneys  so  paid  over  for  the 
extermination  of  mosquitoes  in  such  district. 

§  3.  A  public  meeting  of  electors  residing  in  such 
district  and  owning  taxable  property  therein  shall  be 
held  annually  in  the  month  of  September  at  a  time 
and  at  a  place  in  such  village  to  be  designated  by  the 
town  clerk,  for  the  purpose  of  electing  a  committee  for 
the  extermination  of  mosquitoes,  for  the  ensuing  year. 
The  number  of  members  to  serve  on  the  committee 
shall  be  determined  at  each  meeting,  but  shall  not 
exceed  seven  persons.  No  person  shall  be  qualified  to 
serve  on  such  committee  who  is  not  at  the  time  a 
resident  taxpayer  of  such  district.  Notice  of  such  meet- 
ing, including  a  statement  of  its  objects  and  purposes 
and  of  the  time  and  place  of  holding  the  same  shall 
be  given  by  publication  in  a  newspaper  in  such  town 
once  a  week  for  the  preceding  four  weeks.  No  person 
shall  be  entitled  to  vote  at  such  meeting  who  is  not 
an  elector  and  taxpayer  residing  in  such  district.  A 
chairman  and  two  inspectors  of  election  shall  be  chosen 
by  the  persons  entitled  to  vote  at  the  meeting,  and  all 
voting  shall  be  by  ballot.  The  chairman  shall  announce 
the  result  of  the  vote  upon  any  question  or  for  candi- 
dates for  membership  in  such  committee,  and  the  result 
of  such  vote  shall  be  certified  by  the  chairman  and  said 
inspectors  to  the  town  clerk.  Such  certificate  shall  be 
sufficient  warrant  to  the  supervisor  to  pay  over  to  the 
persons  certified  to  have  been  elected  any  moneys  in 
his  hands  available  for  the  purposes  of  this  act.     Such 


Nuisances  509 

committee  shall  file  with  the  town  clerk  annually  on 
the  first  day  of  October  a  report  of  its  proceedings  for 
the  previous  year.  Such  report  shall  set  forth  in  detail 
the  moneys  received  and  expended,  the  manner  of  such 
expenditure  and  the  work  accomplished.  (Added  by  1*. 
1916,  chap.  246;  in  effect  April  17,  1916.) 

NARCOTICS 

Administering  to  another.  Penal  Law,  §  242.  Fur- 
nishing narcotics  or  tobacco  to  children.  Penal  Law, 
§  484  (p.  514).  Department  of  narcotic  drug  con- 
trol. Public  Health  Law,  §§  420-444  (p.  280).  Com- 
mitment of  habitual  user.  Insanity  Law,  §  173  (p. 
482). 

NAVIGATION  LAW 

§  52.  Deposit  of  dead  animals,  carrion,  offal,  excre- 
ment, garbage  or  other  putrid  or  offensive  matter  in 
waters  of  Lake  George  or  iSchroon  Lake  prohibited. 
Violation  a  misdemeanor. 

§  53.  Deposit  of  dead  animals,  carrion,  offal,  or  other 
putrid  or  offensive  matter  in  St.  Lawrence  Hiver 
prohibited.     Violation  a  misdemeanor. 

NUISANCES 

Investigation  at  order  of  governor.  Public  Health 
Law,  §  6  (p.  17).  Suppression  by  local  board  of 
health.  Public  Health  Law,  §§  26-38  (p.  40).  Fat 
rendering  establishments  near  cities.  Public  Health 
Law,  §  39  (p.  50).  Maintained  by  corporation 
located  in  adjoining  state  —  forfeiture  of  charter. 
General  Corporation  Law,  §§  200-202  (p.  461).  Pub- 
lic nuisance  defined.  Penal  Law,  §  1530  (p.  518).  ISTot 
less  a  nuisance  because  damage  unequal.  Penal  Law, 
§  1531  (p.  518).  Maintaining  a  nuisance,  a  misde- 
meanor. Penal  Law,  §  1532  (p.  518).  Abutment  of 
nuisances.  Sanitary  Code,  Chapter  VI  (p.  353). 
Civil    actions   relating   to.     Code   Civ.    Proc.    §§    1660- 


510  The  Public  Health  Manual 

1663.  Abatement,  power  of  town  meeting,  Town  Law, 
§  43.  Action  by  commissioner  of  public  safety  to  restrain, 
second  class  cities.  Sec.  Class  Cities  Law,  §  152.  Sup- 
pression of  certain.  Article  XVII-A  Public  Health 
Law  (p.  234). 

NURSES 

Examination   and  registration.     Public  Health  Law, 
§§  250-253   (p.,  169).    Commissioner  of  health  may  em- 
ploy.   Public  Health  Law,  §  4-a  (p.  14).     Public  health 
council    prescribe   qualifications.      Public    Health    Law, 
§  2-c.     Written  reports   presumptive  evidence.     Public 
Health  Law,  §  21-b    (p.  34).     Not  to  be  sued.     Public 
Health    Law,    §    2H-b     (p.    314).      Health    officer    may' 
employ  public  health  nurses.    Public  Health  Law,  §  21-c 
( p.  35 ) .     Failure  to  report  sore  eyes  of  infant.     Penal 
Law,   §   482    (p.   512).      May  report   apparent  case  of 
tuberculosis.       Public    Health    Law    §    320    (p.    214). 
Health  officer  may  have  tuberculosis  cases  visited  by. 
Public  Health  Law,   §   328   (p.  222).     Board  of  mana- 
gers of  county  tuberculosis  hospital  may  employ.  County 
Law,   §   47    (p.  416).      Duty  as  to  disinfection  of  dis- 
charges.    Sanitary  Code,  Chap.  II,  Reg.   17    (p.  312). 
Duty  as  to  disinfection  of  excreta.    Sanitary  Code,  Chap. 
II,  Reg.  16  ( p.  312 ) .   Duty  to  disinfect  person.  Sanitary 
Code,  Chap,  II,  Reg.  48  (p.  329).     To  observe  precau- 
tions.     Sanitary   Code,    Chap.    II,    Reg.    1®    (p.    3H3). 
To  report  cases  of  disease  presumably  communicable. 
Sanitary  Code,  Chap.  II,  Reg.  6    (p.  308).     To  report 
food    poisoning.      Sanitary    Code,    Chap.    II,    Reg.    41 
( p.  324 ) .     School,  to  aid  medical  inspector.     Education 
Law,  §  571  (p.  442). 

OPTOMETRY 

Practice  of.    Public  Health  Law,  §§  300-308  (p.  189). 


Penal  Law  511 

OSTEOPATHY 

Practice  of.     Public  Health  Law,  §  173  (p.  112). 

OYSTERS  AND  SHELLFISH 

Sanitary  inspection  of   shellfish  grounds.     Conserva- 
tion Law,  §§  310-313  and  §  326  (p.  400). 

PENAL  LAW 

(L.  1909,  ch.  88,  const,  ch.  40  of  Cons.  Laws) 

ARTICLE  XVI 

Keeping  milch  cows  in  unhealthy  places  and  feeding 
them  with  food  producing  unwholesome  milk. 

§  192.  A  person  who  keeps  a  cow  or  any  animal  for  Milch   cows 
the  production  of  milk,  in  a  crowded  or  unhealthy  place,  Wealthy 
or  in  a  diseased  condition,  or  feeds  such  cow  or  animal  places  and 
upon  any  food  that  produces  impure  or  unwholesome  fed 
milk,  is  punishable  by  a  fine  not  less  than  fifty  dollars, 
or  imprisonment  not  exceeding  one  year,  or  by  both. 

ARTICLE  XL 

§  438.  Skimmed  milk.  A  person  who  sells  or  offers  skimmed 
for  sale,  milk  from  which  the  whole  or  a  part  of  the  milk 
cream  has  been  skimmed  or  removed,  without  disclos- 
ing the  fact,  or  having  a  mark  or  label,  plainly  and 
legibly  stating  the  fact,  conspicuously  affixed  to  every 
can  or  vessel  containing  the  same,  under  circumstances 
not  constituting  an  offense,  for  the  punishment  of  which 
provision  is  otherwise  specially  made  by  statute,  is 
guilty  of  a  misdemeanor. 

§  444.  Manufacture    and    sale    of    mattresses.      AnyMamifac- 
person  who   1.     Manufactures,  sells,  offers  for  sale  or  Jj™  *fnd 
possesses  with  intent  to  sell  any  mattress  not  properly  mattresses 
branded  or  labeled,  as  required  by  the  general  business 
law,  or 


512  The  Public  Health  Manual 

2.  Manufactures,  sells,  offers  for  sale  or  possesses 
with  intent  to  sell  any  mattress  which  is  falsely 
branded  or  labeled,  or 

3.  Uses  in  the  manufacture  of  mattresses  any  cotton 
or  other  material  which  has  been  used  as  a  mattress, 
pillow  or  bedding  in  any  public  or  private  hospital,  or 
which  has  been  used  by  any  person  having  an  infectious 
or  contagious  disease,  shall  be  guilty  of  a  misdemeanor, 
punishable  by  a  fine  of  not  more  than  five  hundred  dol- 
lars or  by  imprisonment  for  not  more  than  six  months 
or  by  both.  (Added  by  L.  1913,  ch.  503,  in  effect  Jan. 
1,  1914.) 

ARTICLE   XLIV 

Children 

Failure   to       §  482.  Unlawfully  omitting  to  provide  for  child.     A 
foodSh         person  who:     1.  Wilfully  omits,  without  lawful  excuse, 
clothing  or  to  perform  a  duty  by  law  imposed  upon  him  to  furnish 
attendance    food,  clothing,  shelter  or  medical  attendance  to  a  minor, 
to  a  mmor  or  ^Q  make  such  payment  toward   its  maintenance  as 
may  have  been   required  by  the   order   of   a   court   or 
magistrate  when  such  minor  has  been,  committed  to  an 
institution;  or, 
Takes  2.  Not  being  a  superintendent  of  the  poor,  or  a  super- 

board  or  intendent  of  almshouses,  or  an  institution  duly  incor- 
maternity  porated  for  the  purpose  without  having  first  obtained  a 
hospital  license  in  writing  so  to  do  from  the  board  of  health  of 
permit  the  city  or  town  wherein  such  females  or  children  are 

received,  boarded  or  kept,  erects,  conducts,  establishes 
or  maintains  any  maternity  hospital,  lying-in  asylum 
where  females  may  be  received,  cared  for  or  treated 
during  pregnancy,  or  during  or  after  delivery;  or  re- 
ceives, boards  or  keeps  any  nursing  children,  or  any 
children  under  the  age  of  twelve  years  not  his  relatives, 
apprentices,  pupils  or  wards  without  legal  commitment; 
or, 

3.  Being  a  midwife,  nurse  or  other  person  having  the 


Penal  Law  513 

care  of  an  infant  within  the  age  of  two  weeks  neglects  Neglects  to 
or  omits  to  report  immediately  to  the  health  officer  or  reP°rt    sore 

r  «  _  eyes    of 

to  a  legally  qualified  practitioner  of  medicine  of  the  infant 
city,  town  or  place  where  such  child  is  being  cared  for, 
the  fact  that  one  or  both  eyes  of  such  infant  are  in- 
flamed or  reddened  whenever  such  shall  be  the  case,  or 
who  applies  any  remedy  therefor  without  the  advice,  or 
except  by  the  direction  of  such  officer  or  physician; 
or, 

4.  Neglects,  refuses  or  omits  to  comply  with  any  pro- 
visions of  this  section,  or  violates  the  provisions  of  such 
license, 

Is  guilty  of  a  misdemeanor. 

Every  such  license  must  specify  the  name  and  resi-  License  to 
dence   of  the  person  so  undertaking  the   care  of   such  maternity 
females  or  children,  and  the  place  and  the  number  of  hosP.ltal    or 

'  r.  receive 

females  or  children  thereby  allowed  to  be  received,  children  to 
boarded  and  kept  therein,  and  shall  be  revocable  at  will 
by  the  authority  granting  it.  Every  person  so  licensed 
must  keep  a  register  wherein  he  shall  enter  the  names 
and  ages  of  all  such  children  and  of  all  children  born 
on  said  premises,  and  the  names  and  residences  of  their 
parents,  as  far  as  known,  the  time  of  the  reception  and 
discharge  of  such  children  and  the  reasons  therefor,  and 
also  a  correct  register  of  the  name  and  age  of  every  child 
under  the  age  of  five  years  who  is  given  out,  adopted, 
taken  away  or  indentured  from  such  place  to  or  by  any 
one,  together  with  the  name  and  residence  of  the  person 
so  adopting,  taking  or  indenturing  such  child;  and 
shall  cause  a  correct  copy  of  such  register  to  be  sent  to 
the  authority  issuing  such  license  within  forty-eight 
hours  after  such  child  is  so  given  out,  adopted,  taken 
away  or  indentured.  It  shall  be  lawful  for  the  officers 
of  any  incorporated  society  for  the  prevention  of  cruelty 
to  children  and  of  such  board  of  health  at  all  reason- 
able times  to  enter  and  inspect  the  premises  wherein 
such  females  and  children  are  so  boarded,  received  or 
kept,  and  also  such  license,  register  and  the  children. 
17 


514  The:  Public  Health  Manual 

written  5.  No  institution  shall  be  incorporated  for  any  of  the 

consent  of    purposes  mentioned  in  this  section  except  with  the  writ- 
supreme  ■*•  r 

court  ten  consent  and  approbation  of  a  justice  of  the  supreme 

state^bo^-d  court,  upon  the  certificate  in  writing  of  the  state  board 
of  charities  0f   charities  approving  of  the  organization  and   incor- 

necessary  ,  r  ■       - 

before  in-  poration  of  such  institution.  The  said  board  of  chari- 
corpora  ion  ^eg  may  appjy  ^0  ^g  SUpreme  court  for  the  cancellation 
of  any  certificate  of  incorporation  previously  filed  with- 
out its  approval,  and  may  institute  and  maintain  an 
action  in  such  court  through  the  attorney-general  to 
procure  a  judgment  dissolving  any  such  corporation  not 
so  incorporated  and  forfeiting  its  corporate  rights,  privi- 
leges and  franchises.f 
Giving  §  484.    Permitting  children  to  attend  certain  resorts. 

Sren0      A   person   who:      *      *      * 

3.  Sells  or  gives  away,  or  causes  or  permits  or  pro- 
cures to  be  sold  or  given  away  to  any  child  actually  or 
apparently  under  the  age  of  sixteen  years  any  beer,  ale, 
wine,  or  any  strong  or  spirituous  liquor;   or,     *     *     * 
Furnish-  5.  Sells,    pay   for    or    furnishes    any   cigar,    cigarette 

t"g  chiWren  or  tobacco  in  any  of  its  forms  to  any  child  actually  or 
apparently  under  the  age  of  eighteen  years;  or,  (iSubd. 
am'd  by  L.  1917,  ch.  564,  in  effect  Sept.  1,  1917.) 

Is  guilty  of  a  misdemeanor. 

It  shall  be  no  defense  to  a  prosecution  for  a  violation 

of  subdivisions  three,  four,  five  or  six  of  this  section, 

that  in  the  transaction  upon  which  the  prosecution  is 

based  the  child  acted  as  the  agent  or  representative  of 

another,   or  that  the  defendant  dealt  with  such  child 

as  the  agent  or  representative  of  another. 

Furnish-  §  489.  Furnishing     minors     in     reformatories     with 

t°g  mi°norsC°  tobacco   regulated.     A   person    or   officer   who   sells   or 

in  re-  gives  anv  cigar,  cigarette,  snuff  or  tobacco  in  any  of 

formatories    &  J        °  .  ~ 

its    forms    to    any   minor    undergoing   confinement    or 


t  Section  130,  Membership  Corporations  Law  gives  method  of  incor- 
porating hospitals,  dispensaries,  etc. 


Penal  Law  515 

sentence  in  any  reformatory,  penitentiary  or  house  of 
refuge  in  this  state,  except  by  the  authority  of  the 
managers  of  such  institutions,  is  guilty  of  a  misde- 
meanor. (Amended  by  L.  1917,  ch.  263,  in  effect  April 
25,  1917.) 

ARTICLE    CV1 

§  1142-a.  Advertisements  relating  to  certain  diseases  ^e^f166" 
prohibited.     Whoever  publishes,  delivers  or  distributes  relating    to 

ven6r6s.l 

or  causes  to  be  published,  delivered  or  distributed  in  disease 
any  manner  whatsoever  an  advertisement  concerning  a 
venereal  disease,  lost  manhood,  lost  vitality,  impotency, 
sexual  weakness,  seminal  emissions,  varicocele,  self- 
abuse  or  excessive  sexual  indulgence  and  calling  atten- 
tion to  a  medicine,  article  or  preparation  that  may  be 
used  therefor  or  to  a  person  or  persons  from  whom  or 
an  office  or  place  at  which  information,  treatment  or 
advice  relating  to  such  disease,  infirmity,  habit  or  con- 
dition may  be  obtained,  is  guilty  of  a  misdemeanor  and 
upon  conviction  thereof  shall  be  punished  by  imprison- 
ment for  not  more  than  six  months,  or  by  fine  of  not  less 
than  fifty  dollars  nor  more  than  five  hundred  dollars, 
or  by  both  such  fine  and  imprisonment.  This  section, 
however,  shall  not  apply  to  didactic  or  scientific 
treatises  which  do  not  advertise  or  call  attention  to 
any  person  or  persons  from  whom  or  any  office  or  place 
at  which  information,  treatment  or  advice  may  be 
obtained,  nor  shall  it  apply  to  advertisements  or  notices 
issued  by  an  incorporated  hospital  or  a  licensed 
dispensary  or  by  a  municipal  board  or  department  of 
health  or  by  the  department  of  health  of  the  state  of 
New  York.  (Added  by  L.  1917,  ch.  487,  in  effect  Sept.  1, 
1917.) 

§  1146.  Keeping  disorderly  houses.  Whosoever  shall 
keep  or  maintain  a  house  of  ill-fame  or  assignation  of 
any  description  or  place  for  the  encouragement  or  prac- 
tice by  persons  of  lewdness,  fornication,  unlawful  sexual 
intercourse  or  for  any  other  indecent  or  disorderly  act 


516  The  Public  Health  Manual 

or  obscene  purpose  therein  or  any  place  of  public  resort 
at  which  the  decency,  peace  or  comfort  of  a  neighborhood 
is  disturbed  shall  be  guilty  of  a  misdemeanor. 

When  the  lessees,  proprietor,  or  keeper  of  a  disorderly 
house  or  other  building  or  any  other  person  is  convicted 
under  this  section,  the  lease  or  contract  for  letting  the 
premises  or  the  part  thereof  in  which  such  violation 
occurred  shall,  at  the  option  of  the  owner,  agent  or 
lessor,  become  void  and  the  owner,  agent  or  lessor  may 
have  the  like  remedy  to  recover  the  possession  as 
against  a  tenant  holding  over  after  the  expiration  of  his 
term. 

Whosoever  as  owner,  agent  or  lessor  shall  agree  to 
lease  or  rent  or  contract  for  letting  any  building  or 
part  thereof  knowingly  or  with  good  reason  to  know, 
that  it  is  intended  to  be  used  for  any  of  the  uses  or  pur- 
poses herein  prohibited  or  whosoever  as  owner,  agent 
or  lessor  knowingly  or  with  good  reason  to  know  per- 
mits any  house  or  room  or  other  part  of  any  building 
or  premises  of  which  he  may  be  the  owner,  agent  or 
lessor  to  be  used  in  whole  or  in  part  for  any  of  the  uses 
or  purposes  herein  prohibited,  shall  be  guilty  of  a  mis- 
demeanor. 

Upon  conviction  of  any  person  for  a  violation  of  the 
provisions  of  this  section,  the  court  before  whom  such 
conviction  shall  have  been  had,  or  the  clerk  of  such 
court  if  there  be  a  clerk,  shall  forthwith  make  and  file 
in  the  office  of  the  clerk  of  the  county,  in  which  said 
conviction  shall  have  been  had,  a  certified  statement  of 
said  conviction  and  sentence,  if  any;  and  the  clerk  of 
said  county  shall  immediately  enter  in  the  judgment 
docket  book  in  said  office  the  amount  of  the  penalty  or 
fine  imposed,  as  a  judgment  against  the  person  so  con- 
victed or  sentenced. 

All  persons  convicted  under  this  section  in  all  places 
to  which  chapter  six  hundred  and  fifty-nine  of  the  laws 
of  nineteen  hundred  and  ten  applies  shall  be  identified 


Penal  Law  517 

as  provided  for  in  section  seventy-eight  of  that  chapter. 
(Amended  by  L.  1910,  ch.  619,  and  L.  1913,  ch.  591,  in 
effect  May  17,  1913.) 

§  1423.  Injuring    *    *    *    sewer    *    *    *    or    other 
property.     A  person  who  wilfully   or  maliciously   dis- 
places, removes,  injures,  or  destroys: 
************* 

8.  A   sewer   or   drain,   or    a  pipe   or   main    connected 

therewith  or  forming  part  thereof;  or, 

************** 

is  punishable  by  imprisonment  for  not  more  than  two 

years. 

************** 

(Section  am'd  by  L.   1911,  ch.  316,  and  L.  1915,  ch. 
150.) 

ARTICLE   CXXXVI 

§   1450.  Solemnizing  unlawful  marriages  and  unlaw-  Soiemniz- 
ful   solemnizing   of   marriages.     A   minister   or   magis-  fUi  mar- 
trate  who  solemnize"5    a  marriage   when   either   of   the  "ni|^fuunyd 
parties  is  known  to  him  to  be  under  the  age  of  legal  solemnizing 

,  ,       ,  .  , .    ,  marriages 

consent,  or  to  be  an  idiot  or  insane  person,  or  a  mar- 
riage to  which  within  his  knowledge  a  legal  impediment 
exists,  or  any  person  not  authorized  by  the  laws  of  this 
state  to  perform  marriage  ceremonies  who  shall  sol- 
emnize or  presume  to  solemnize,  with  intent  to  deceive, 
any  marriage  between  any  parties  is  guilty  of  a  mis- 
demeanor. Until  a  marriage  has  been  dissolved  or 
annulled  by  a  proper  tribunal  or  court  of  competent 
jurisdiction,  any  person  who  shall  assume  to  grant  a 
divorce,  in  writing,  purporting  to  divorce  husband  and 
wife  and  permitting  them  or  either  of  them  to  lawfully 
marry  again,  shall  be  guilty  of  a  misdemeanor  punish- 
able by  fine  for  the  first  offense  not  exceeding  five 
hundred  dollars,  and  for  the  second  offense  one  thousand 
dollars,  or  imprisonment  not  exceeding  one  year,  or 
both  such  fine  and  imprisonment.  (Am'd  by  L.  1916, 
ch.  368,  in  effect  Sept.  1,  1916.) 


51S 


The  Public  Health  Manual 


Unlawful 
procure- 
ment of 
marriage 
license 


Public 

nuisance 

denned 


Unequal 
damage 


Maintain- 
ing   a. 
nuisance 


§  1451.  Unlawful  procurement  of  marriage  license. 
A  person  who,  having  a  husband  or  wife  living,  takes 
out  a  license  to  marry  another  person,  is  guilty  of  a 
misdemeanor.  The  exceptions  in  section  three  hundred 
and  forty-one  of  this  chapter  are  applicable  to  this 
section.  (Added  by  L.  1916,  ch.  482,  in  effect  May  9, 
1916.) 

ARTICLE    CXLVIII 

Crimes  against  the  public  health  and  safety 
§  1530.  Public  nuisance  defined.    A  "  public  nuisance  " 
is  a  crime  against  the  order  and  economy  of  the  state, 
and  consists  in  unlawfully  doing  an  act,  or  omitting  to 
perform  a  duty,  which  act  or  omission: 

1.  Annoys,  injures,  or  endangers  the  comfort,  repose, 
health  or  safety  of  any  considerable  number  of  persons ; 
or 

2.  Offends  public  decency;  or 

3.  Unlawfully  interferes  with,  obstructs,  or  tends  to 
obstruct,  or  renders  dangerous  for  passage,  a  lake,  or  a 
navigable  river,  bay,  stream,  canal  or  basin,  or  a  stream, 
creek,  or  other  body  of  water  which  has  been  dredged 
or  cleared  at  public  expense,  or  a  public  park,  square, 
street  or  highway;  or 

4.  In  any  way  renders  a  considerable  number  of  per- 
sons insecure  in  life,  or  the  use  of  property. 

§  1531.  Unequal  damage.  An  act  which  affects  a  con- 
siderable number  of  persons,  in  either  of  the  ways 
specified  in  the  last  section,  is  not  less  a  nuisance 
because  the  extent  of  the  damage  is  unequal. 

§  1532.  Maintaining  a.  nuisance.  A  person,  who  com- 
mits or  maintains  a  public  nuisance,  the  punishment 
for  which  is  not  specially  prescribed,  or  who  wilfully 
omits  or  refuses  to  perform  any  legal  duty  relating  to 
the  removal  of  such  a  public  nuisance,  is  guilty  of  a 
misdemeanor. 

§  1533.  Permitting  use  of  building  for  nuisance; 
opium  smoking.     A  person  who: 


Penal  Law  519 

1.  Lets,  or  permits  to  be  used,  a  building,  or  portion  permit- 

of  a  building,  knowing  that  it  is  intended  to  be  used  ^in^duse  o£ 
for  committing  or  maintaining  a  public  nuisance;  or,      for    prosti- 

2.  Opens  or  maintains  a  place  where  opium,  or  any  0piu°m 
of  its  preparations,  is  smoked  by  other  persons;  or,        smoking 

3.  At  such  place  sells  or  gives  away  any  opium,  or 
its  said  preparations,  to  be  there  smoked  or  otherwise 
used;  or, 

4.  Visits  or  resorts  to  any  such  place  for  the  purpose 
of  smoking  opium  or  its  said  preparations, 

Is  guilty  of  a  misdemeanor. 

§  1740.  Wilful  violation  of  health  laws.     1.  A  person  wiifui 
who  wilfully  violates  or  refuses  or  omits  to  comply  with  health  laws 
any  lawful  order  or  regulation  prescribed  by  any  local 
board  of  health  or  local  health  officer,,  is  guilty  of  a 
misdemeanor. 

2.  A  person  who  wilfully  violates  any  provision  of 
the  health  laws,  or  any  regulation  lawfully  made  or 
established  by  any  public  officer  or  board  under  author- 
ity of  the-  health  laws  the  punishment  for  violating 
which  is  not  otherwise  prescribed  by  those  laws,  or 
by  this  chapter  is  punishable  by  imprisonment  not  ex- 
ceeding one  year,  or  by  a  fine  not  exceeding  two  thou- 
sand dollars  or  by  both. 

§  1741.  Obstructing  health  officer  in  performance  of  obstmct- 
his  duty.  A  person  who  wilfully  opposes  or  obstructs  a  ^cer^m 
health  officer  or  physician  charged  with  the  enforcement  perform- 

L     "  °  m      ance    of 

of   the  health  laws,   in   performing   any   legal   duty   is  his  duty 
guilty  of  a  misdemeanor. 

§   1742.   Omitting  to   label  drugs,   or  labeling  them  omitting  to 
wrongly.     Any  person,  who,  in  putting  up  any  drug,  drugs'  or 
medicine,  or  food  or  preparation  used  in  medical  prac-  labeling 
tice,  or  making  up  any  prescription,  or  filling  any  order  wrongly 
for    drugs,    medicines,    food    or    preparation    puts    any 
untrue  label,   stamp   or   other   designation   of  contents 
upon   any   box,   bottle   or   other  package   containing   a 
drug,   medicine,    food   or   preparation   used    in   medical 
practice,  or  substitutes  or  dispenses  a  different  article 


520  The  Public  Health  Manual 

for  or  in  lieu  of  any  article  prescribed,  ordered,  or 
demanded,  or  puts  up  a  greater  or  less  quantity  of  any 
ingredient  specified  in  any  such  prescription,  order  or 
demand  than  that  prescribed,  ordered,  or  demanded,  or 
otne/wise  deviates  from  the  terms  of  the  prescription, 
order,  or  demand  by  substituting  one  drug  for  another, 
is  guilty  of  a  misdemeanor;  provided,  however,  that, 
except  in  the  case  of  physicians'  prescriptions,  nothing 
herein  contained  shall  be  deemed  or  construed  to  prevent 
or  impair  or  in  any  manner  affect  the  right  of  an  apothe- 
cary, druggist,  pharmacist  or  other  person  to  recom- 
mend the  purchase  of  an  article  other  than  that  ordered, 
required  or  demanded,  but  of  a  similar  nature,  or  to 
sell  such  other  article  in  place  or  in  lieu  of  an  article 
ordered,  required  or  demanded,  with  the  knowledge  and 
consent  of  the  purchaser.  Upon  a  second  conviction  for 
a  violation  of  this  section  the  offender  must  be  sen- 
tenced to  imprisonment,  for  a  term  of  not  less  than 
ten  days  nor  more  than  one  year,  and  to  the  payment 
of  a  fine  of  not  less  than  ten  dollars  nor  more  than 
five  hundred  dollars.  The  third  conviction  of  a  viola- 
tion of  any  of  the  provisions  of  this  section,  in  addition 
to  rendering  the  offender  liable  to  the  penalty  prescribed 
by  law  for  a  misdemeanor;  shall  forfeit  any  right  which 
he  may  possess  under  the  law  of  this  state  at  the  time 
of  such  conviction,  to  engage  as  proprietor,  agent,  em- 
ployee or  otherwise,  in  the  business  of  an  apothecary, 
pharmacist,  or  druggist,  or  to  compound,  prepare  or 
dispense  prescriptions  or  orders  for  drugs,  medicines  or 
foods  or  preparations  used  in  medical  practice;  and 
the  offender  shall  be  by  reason  of  such  conviction  dis- 
qualified from  engaging  in  any  such  business  as  pro- 
prietor, agent,  employee  or  otherwise  or  compounding, 
preparing  or  dispensing  medical  prescriptions  or  orders 
for  drugs,  medicines,  or  foods  or  preparations  used  in 
medical  practice. 

This  section  shall  not  affect  or  impair  any  liability, 
penalty  or  punishment  under  the  provisions  of  section 


Penal  Law  521 

four  hundred  and  one  of  the  penal  code  as  the  same 
existed  prior  to  September  first,  nineteen  hundred  and 
seven,  but  the  same  may  be  enforced,  prosecuted  or 
inflicted  as  fully  and  to  the  same  extent  as  though  this 
section  had  not  been  passed;  and  all  actions  civil  or 
criminal  instituted  under  or  by  virtue  of  said  section 
as  the  same  existed  prior  to  July  nineteenth,  nineteen 
hundred  and  seven,  and  pending  immediately  prior  to 
September  first,  nineteen  hundred  and  seven,  may 
be  prosecuted  and  defended  to  final  effect  in  the  same 
manner  as  though  this  section  had  not  been  enacted. 

The  provisions  of  this  section  shall  not  apply  to  the 
practice  of  a  practitioner  of  medicines  who  is  not  the 
proprietor  of  a  store  for  the  dispensing  or  retailing  of 
drugs,  medicines  and  poisons,  or  who  is  not  in  the 
employ  of  such  a  proprietor,  and  shall  not  prevent  prac- 
titioners of  medicine  from  supplying  their  patients  with 
such  articles  as  they  may  deem  proper,  and  except  as 
to  the  labeling  of  poisons  shall  not  apply  to  the  sale 
of  medicines  or  poisons  at  wholesale  when  not  for  use 
or  consumption  of  the  purchaser;  provided,  however, 
that  the  sale  of  medicines  or  poisons  at  wholesale  shall 
continue  to  be  subject  to  such  regulations  as  from  time 
to  time  may  be  lawfully  made  by  the  board  of  phar- 
macy or  by  any  competent  board  of  health. 

§  1744.  Penalty  for  violation  of  public  health  laws.  Penalty  for 

•  •    •  <•  violation 

Any  person  who  violates  any  provision  of  article  eleven  of  public 

of  the  public  health  law  for  which  no  other  penalty  is  i^h 
imposed,  is  guilty  of  a  misdemeanor. 

§  1747.  Careless  distribution  of  medicines,  drugs  and  careless 

distribu- 

chemicals.     Any  person,  firm,  or  corporation,  who  dis-  tion  of 
tributes,  or  causes  to  be  distributed,  any  free  or  trial  ^.^""and 
samples   of   any  medicine,   drug,   chemical   or  chemical  chemicals 
compound,    by    leaving    the    same    exposed    upon    the 
ground,   sidewalk,   porch,   doorway,   letter-boxes,   or   in 
any  other  manner,  that  children  may  become  possessed 
of  the  same,  shall  be  guilty  of  a  misdemeanor  punish- 
able by  a  fine  not  exceeding  twenty-five  dollars  for  each 


522 


The  Public  Health  Manual 


Adul- 
terated 
goods 


Disposing 
of  tainted 
food 


offense,  but  this  section  shall  not  apply  to  the  direct 
delivery  of  any  such  article  to  an  adult. 

§   1748.  Adulterated  goods.     A  person  who: 

1.  With  the  intent  that  the  same  may  be  sold  as 
unadulterated  or  undiluted,  adulterates  or  dilutes  wine, 
milk,  distilled  spirits  or  malt  liquor,  or  any  drug, 
medicine,  food  or  drink,  for  man  or  beast;  or, 

2.  Knowing  that  the  same  has  been  adulterated  or 
diluted,  offers  for  sale  or  sells  the  same  as  unadulterated 
or  undiluted,  or  without  disclosing  or  informing  the 
purchaser  that  the  same  has  been  adulterated  or  diluted, 
in  a  case  where  special  provision  has  not  been  made  by 
statute,  for  the  punishment  of  the  offense;   or, 

3.  Sells  or  offers  to  sell,  or  stores  or  transports  with 
intent  to  sell  for  any  purpose  other  than  cooling  beer 
in  casks,  ice  cut  from  any  canal  or  from  the  wide  waters 
or  basins  of  any  canal,  unless  the  ice  so  sold,  or  offered 
for  sale  or  stored  or  transported,  is  contained  in  a 
building,  cart,  car,  sleigh,  float  or  receptacle  upon  which 
is  plainly  marked  in  roman  or  capital  letters,  not  less 
than  eight  inches  square,  the  words,  "  canal  ice ; "  or, 

4.  Who  shall  adulterate  maple  sugar,  maple  syrup 
or  honey,  with  glucose,  cane  sugar  or  syrup,  beet  sugar 
or  syrup,  or  any  other  substance  for  the  purpose  of  sale, 
or  who  shall  knowingly  sell  or  offer  for  sale  maple 
sugar,  maple  syrup  or  honey  that  has  been  adulterated 
in  any  way;  or, 

5.  Violates  any  provision  of  section  three  hundred 
and  ninety  of  the  general  business  law,  relating  to 
canned  and  preserved  food, 

Is  guilty  of  a  misdemeanor. 

§  1750.  Disposing  of  tainted  food.  A  person  who  with 
intent  that  same  may  be  used  as  food,  drink,  or  medi- 
cine, sells,  or  offers  or  exposes  for  sale,  any  article  what- 
ever which,  to  his  knowledge,  is  tainted  or  spoiled,  or 
for  any  cause  unfit  to  be  used  as  such,  food,  drink,  or 
medicine,  is  guilty  of  a  misdemeanor. 


Penal  Law  523 

§  1752.  Having  narcotics  in  possession.      (1)   A  per-  Having 
son,   other  than  a  duly  licensed  physician   or   surgeon  J1"™"08 
engaged  in  the  lawful  practice  of  his  profession,  who  session 
has  in  his  possession  any  narcotic  or  anaesthetic  sub- 
stance, compound  or  preparation,  capable  of  producing 
stupor  or  unconsciousness,  with  intent  to  administer  the 
same  or  cause  the  same  to  be  administered  to  another, 
without  the  latter's   consent,  unless  by  direction  of  a 
duly  licensed  physician,  is  guilty  of  a  felony,  punishable 
by  imprisonment  in  the  state  prison  for  not  more  than 
ten  years. 

(2)  The  possession  by  any  person,  other  than  as  ex- 
empted in  the  foregoing  subdivision,  of  any  such  nar- 
cotic or  anaesthetic  substance  or  compound,  concealed  or 
furtively  carried  on  the  person,  is  presumptive  evidence 
of  an  intent  to  administer  the  same  or  cause  the  same 
to  be  administered  in  violation  of  the  provisions  of  this 
section. 

§  1754.  Putting  noisome  or  unwholesome  substances  Putting 
in  highway.  A  person  who  deposits,  leaves  or  keeps,  on  °°IS™e 
or  near  a  highway  or  route  of  public  travel,  either  on  the  wholesome 

°  ^  *■  substances 

land  or  on  the  water,  any  noisome  or  unwholesome  sub-  in  highway 
stance,  or  establishes,  maintains  or  carries  on,  upon  or 
near  a  public  highway  or  route  of  public  travel,  either 
on  the  land  or  on  the  water,  any  business,  trade  or 
manufacture  which  is  noisome  or  detrimental  to  public 
health,  is  guilty  of  a  misdemeanor,  punishable  by  a  fine 
of  not  less  than  one  hundred  dollars,  or  by  imprisonment 
not  less  than  three  nor  more  than  six  months  or  both. 

Exposing 

§  1756.  Exposing  person  affected  with  a  contagious  person 
disease  in  a  public  place.    A  person  who  wilfully  exposes  ^[^a 
himself  or  another,  affected  with  any  contagious  or  in-  contagious 

Q1SS£IS©      in 

fectious  disease,  in  any  public   place  or  thoroughfare,  a  public 
except  upon  his  necessary  removal  in  a  manner  not  dan-  place 
gerous  to  the  public  health,  is  guilty  of  a  misdemeanor.  Throwing 
§  1759.  Throwing  gas  tar  or  refuse  into  public  waters,  or  refuse 
A  person  who  throws  or  deposits  gas  tar,  or  the  refuse  * ^ters^  1C 


524 


The  Public  Health  Manual 


Wilfully 

poisoning 

food 


Acts  of 
intoxi- 
cated 
physicians 


of  a  gas  house  or  gas  factory,  or  offal,  refuse,  or  any 
other  noxious,  offensive,  or  poisonous  substance  into 
any  public  waters  or  into  any  sewer  or  stream  running 
or  entering  into  such  public  waters,  is  guilty  of  a  mis- 
demeanor. 

§  1760.  Wilfully  poisoning  food.  A  person  who  wil- 
fully mingles  poison  with  any  food,  drink  or  medicine, 
intended  or  prepared  for  the  use  of  human  beings,  and 
a  person  who  wilfully  poisons  any  spring,  well  or  reser- 
voir of  water,  is  punishable  by  imprisonment  in  a  state 
prison  not  exceeding  ten  years,  or  in  a  county  jail  not 
exceeding  one  year,  or  by  a  fine  not  exceeding  five  hun- 
dred dollars,  or  both  such  fine  and  imprisonment. 

§  1761.  Acts  of  intoxicated  physicians.  A  physician 
or  surgeon,  or  person  practicing  as  such,  who,  being  in 
a  state  of  intoxication,  administers  any  poison,  drug 
or  medicine,  or  does  any  other  act  as  a  physician  or 
surgeon,  to  another  person,  by  which  the  life  of  the 
latter  is  endangered,  or  his  health  seriously  affected,  is 
guilty    of    a    misdemeanor. 

§  1762.  Misconduct  of  veterinary  surgeons.  A  per- 
son who  presents  to  a  county  clerk  for  registration  as  a 
practitioner  of  veterinary  medicine  or  surgery  any 
diploma  or  certificate  fraudulently  obtained  or  practices 
veterinary  medicine  and  surgery  without  complying  with 
or  contrary  to  law,  is  guilty  of  a  misdemeanor.  This 
section  shall  not  be  construed  to  prohibit  students  from 
prescribing  under  the  supervision  of  preceptors,  or  to 
prohibit  gratuitous  services  in  case  of  emergency,  or  the 
services  of  an  authorized  practitioner  of  a  neighboring 
state  when  incidentally  called  into  requisition. 

§  1763.  Illegal  practice  of  embalming.  Any  person 
violating  any  provision  of  section  two  hundred 
and  ninety-eight  of  the  public  health  law,  or  any  of  the 
rules  and  regulations  in  reference  to  the  business  and 
practice  of  embalming  human  dead  bodies,  made  and 
duly  approved  as  by  article  fourteen  of  said  public 
health  law  prescribed,  is  guilty  of  a  misdemeanor. 


Penal  Law  o2° 


§  1826.  Taking  unlawful  fees.     A  public  officer  or  a  Public 
deputy,  clerk,  assistant  or  other  subordinate ,  of  a >  publi*  u*^ 
officer    or  any  person  appointed  or  employed  by  or  in  fees 
the  office  of  a  public  officer,  who  shall,  in  any  manner 
act  for  or  in  behalf  of  any  such  officer,  who  asks  or 
receives,  or  consents  or   agrees  to  receive,  any  emolu- 
ment, gratuity  or  reward,  or  any  promise  of  emolument, 
gratuity  or  reward,  or  any  money,  property  or  thing 
of  value  or  of  personal  advantage,  except  such  as  may 
be  authorized  by  law,  for  doing  or  omitting  to  do  any 
official  act,  or  for  performing  or  omitting  to  perform, 
or  for  having  performed  or  omitted  to  perform  any  act 
whatsoever  directly  or  indirectly  related  to  any  matter 
in  respect  to  which  any  duty  or  discretion  is  by  or  in 
pursuance  of  law  imposed  upon  or  vested  m  him,  or 
may  be   exercised   by  him   by  virtue   of  his   office    or 
appointment  or  employment  or  his  actual  relation  to  the 
matter,    shall    be    guilty    of    a    felony,    punishable   by 
imprisonment  for  not  more  than  ten  years  or  by  a  line 
of  not  more  than  four  thousand  dollars,  or  both. 

§  1836.  Officer  refusing  to  surrender  to  successor.    A  o^   ^ 
person  who,  having  been  an  executive  or  administrative  surrender 
officer,  wrongfully  refuses  to  surrender  the  official  seal,  tojuc- 
or  any  books  or  papers,  appertaining  to  his  office,  upon 
the    demand    of    his    lawful    successor,    is    guilty    of    a 
misdemeanor. 

§    1841.   Provision    as    tO    neglect    Of    duty.       A    public  Provision 

officer  or  person  holding  a  public  trust  or  employment,  negl  t 
upon  whom  any  duty  is  enjoined  by  law,  who  wilfully  ° 
neglects  to  perform  the  duty,  is  guilty  of  a  misde- 
meanor. This  and  section  eighteen  hundred  and  forty  do 
not  apply  to  cases  of  official  acts  or  omissions  the  pre- 
vention or  punishment  of  which  is  otherwise  specially 
provided  by  statute.  omission 

§  1857.  Omission  of   duty  by  public  officer.     Where  0f  *rtj£ 
any   duty   is    or    shall   be   enjoined   by   law   upon    any  offlcer 


526 


The  Public  Health  Manual 


public  officer,  or  upon  any  person  holding  a  public  trust 
or  employment,  every  wilful  omission  to  perform  such 
duty,  where  no  special  provision  shall  have  been  made 
for  the  punishment  of  such  delinquency,  is  punishable 
as  a  misdemeanor. 

PHARMACY 


State    board    of. 
p.  146). 


Public    Health    Law,    §§    230-241 


PHYSICIANS 


Practice  of  medicine.  Public  Health  Law,  §§  160-174 
(p.  100').  Acts  of  intoxicated.  Penal  Law,  §§  1052, 
1761  (p.  524).  When  to  be  called  by  midwife. 
Sanitary  Code,  Chap.  IV,  Peg.  10  (p.  347).  Duties 
regarding  communicable  diseases.  (Sanitary  Code,  Chap. 
II  (p.  304).  To  report  industrial  poisonings.  Labor 
Law,  §  65  (p.  483). 

PLUMBING 

Licenses.  General  City  Law,  §§  40^57  (p.  457). 
Licensing,  first  class  villages.  Village  Law,  §  90-a 
(p.  568') .  Approval  of  plans  for,  in  public  buildings 
and  institutions.  Public  Health  Law,  §  14  (p.  20). 
Plans  for  county  tuberculosis  hospitals  to  be  approved. 
County  Law,  §  45,  subd.  2  (p.  410).  Monthly  inspec- 
tion and  report,  orphan  asylums  and  institutions 
for  children.  Public  Health  Law,  §  314  (p.  205). 
Separate,  for  tuberculosis  ward  in  city  hospital. 
General  City  Law,  §  142  (p.  460) , 


Hospital 
accom- 
modations 
for   in- 
digent 
persons 


POOR  LAW 

§  30.  Hospital  accommodations  for  indigent  persons. 
1.  Any  city  or  county,  in  which  a  hospital  duly  incor- 
porated is  situated,  may  send  to  and  support,  in  the 
same,  such  sick  and  disabled  indigent  persons  as  require 
medical  or  surgical  treatment,  and  when  admitted  the 


Poor  Law  527 

authorities  of  such  city  or  county  shall  pay  to  such 
hospital  such  sum  per  week  as  may  be  agreed  upon  or 
found  to  be  just  during  the  period  in  which  such 
person  shall  remain  in  such  hospital. 

2.  In  all  counties  of  this  state  in  which  there  are 
not  adequate  hospital  accommodations  for  indigent 
persons  requiring  medical  or  surgical  care  and  treat- 
ment, or  in  which  no  appropriations  of  money  are 
made  for  this  specific  purpose,  it  shall  be  the  duty  of 
county  superintendents  of  the  poor,  upon  the  certifi- 
cate of  a  physician  approved  by  the  board  of  super- 
visors, or  of  the  overseers  of  the  poor  in  the  several 
towns  of  such  counties,  u!pon  the  certificate  of  a 
physician  approved  by  the  supervisor  of  the  town,  as 
their  jurisdiction  over  the  several  cases  may  require, 
to  send  all  such  indigent  persons  requiring  medical  or 
surgical  care  and  treatment  to  the  nearest  convenient 
and  suitable  hospital,  the  incorporation  and  manage- 
ment of  which  have  been  approved  by  the  state  board 
of  charities,  provided  transportation  to  such  hospital 
can  be  safely  accomplished.  The  authorities  of  such 
county  or  town  shall  pay  to  such  hospital  such  reason- 
able sum  per  week,  for  the  care  and  treatment  of  such 
indigent  persons,  as  may  be  agreed  upon  by  the 
authorities  of  the  county  or  town  and  the  directors  of 
such  hospital,  and  provision  for  the  payment  for  such 
care  and  treatment  shall  be  made  in  the  annual  budget 
of  such  county  or  town.  (Am'd  by  L.  1912,  ch.  309, 
and  L.  1916,  ch.  483.) 

Article  TV  of  the  Poor  Law  outlines  methods  for 
relief  for  poor  persons.  §  40  defines  settlements  and 
the  manner  in  which  they  are  gained  in  a  town  or 
city. 


528 


The  Public  Health  Manual 


PRISON  LAW 

Prison  §  182.  Articles  manufactured  to  be  furnished  to  the 

irtfcies  for  state  or  division  thereof.f     The  superintendent  of  state 
use    of  prisons,   and  the  superintendents  of  reformatories   and 

public     m-     ■r  . 

stitutions  penitentiaries,  respectively,  are  authorized  and  directed 
to  cause  to  be  manufactured  by  the  convicts  in  the 
prisons,  reformatories  and  penitentiaries,  such  articles 
as  are  needed  and  used  therein,  and  also  such  as  are 
required  by  the  state  or  political  divisions  thereof, 
and  in  the  buildings,  offices  and  public  institu- 
tions owned  or  managed  and  controlled  by  the  state, 
including  articles  and  materials  to  be  used  in  the  erec- 
tion of  the  buildings.  All  such  articles  manufactured  in 
the  state  prisons,  reformatories  and  penitentiaries,  and 
not  required  for  use  therein,  shall  be  of  the  styles,  pat- 
terns, designs  and  qualities  fixed  by  the  board  of  classifi- 
cation, and  may  be  furnished  to  the  state,  or  to  any 
political  division  thereof,  or  for  or  to  any  public 
institution  owned  or  managed  and  controlled  by  the 
state,  or  any  political  division  thereof,  at  and  for  such 
prices  as  shall  be  fixed  and  determined  as  hereinafter 
provided,  upon  the  requisitions  of  the  proper  officials, 
trustees  or  managers  thereof.  No  article  so  manu- 
factured shall  be  purchased  from  any  other  source,  for 
the  state  or  public  institutions  of  the  state,  or  the 
political  divisions  thereof,  except  uniforms  for  the 
inmates  of  the  New  York  State  Soldiers  and  Sailors' 
Home  or  of  the  New  York  State  Women's  Relief  Corps 
Home,  unless  said  state  commission  of  prisons  shall 
certify  that  the  same  can  not  be  furnished  upon  such 
requisition,  and  no  claim  therefor  shall  be  audited  or 
paid  without  such  certificate.  (Amended  by  L.  1916, 
ch.  533.) 


.  Waiver 


t  See  General    Municipal  Law,   §  135a,  p.  468.     Workshops  in  con- 
nection with  tuberculosis  hospitals 


Public  Officers  Law  529 

PUBLIC  OFFICERS  LAW 

Qualifica- 

§  3    Qualifications    for    holding    office.      No    person  tions  for 

.".,«.  i         -l    ii         4.       j.   holding 

shall  be  capable  of  holding  a  civil  office  who  shall  not,  at  offlce 
the  time  he  shall  be  chosen  thereto,  be  of  full  age,  a 
citizen  of  the  United  States,  a  resident  of  the  state, 
and  if  it  be  a  local  office,  a  resident  of  the  political 
subdivision  or  municipal  corporation  of  the  state  for 
which  he  shall  be  chosen,  or  within  which  the  electors 
electing  him  reside,  or  within  which  his  official  func- 
tions  are  required  to  be  exercised.  Official 

§  10.  Official  oaths.  Every  officer  shall  take  and  file  oath* 
the  oath  of  office  required  by  law  before  he  shall  be 
entitled  to  enter  upon  the  discharge  of  any  of  his  official 
duties.  An  oath  of  office  may  be  administered  by  a 
judge  of  the  court  of  appeals  or  by  any  officer 
authorized  to  take,  within  the  state,  the  acknowledg- 
ment of  the  execution  of  a  deed  of  real  property,  or  by 
an  officer  in  whose  office  the  oath  is  required  to  be 
filed,  or  may  be  administered  to  any  member  of  a  body 
of  officers,  by  a  presiding  officer  or  clerk,  thereof,  who 
shall  have  taken  an  oath  of  office.  The  oath  of  office 
of  a  notary  public  or  commissioner  of  deeds  shall  be 
filed  in  the  office  of  the  clerk  of  the  county  in  which 
he  shall  reside.  The  oath  of  office  of  every  state 
officer  shall  be  filed  in  the  office  of  the  secretary  of 
state;  of  every  officer  of  a  municipal  corporation  with 
the  clerk  thereof;  and  of  every  other  officer,  in  the  office 
of  the  clerk  of  the  county  in  which  he  shall  reside,  if 
no  place  be  otherwise  provided  by  law  for  the  filing 
thereof.      (Amended  by  L.  1913,  ch.  59.) 

§  12.  Force  and  effect  of  official  undertaking. 

§  13.  Notice  of  neglect  to  file  oath  or  undertaking. 

§  15.  Validation    of    official    acts    performed    before 
filing  official  oath  or  undertaking. 

§  31.  Resignations  —  to    whom    made    and    when    to 
take  effect,  etc. 


530 


The  Public  Health  Manual 


Fees   of 

public 

officers 


§  67.  Fees  of  public  officers.  1.  Each  public  officer 
upon  whom  a  duty  is  expressly  imposed  by  law,  must 
execute  the  same  without  fee  or  reward,  except  where 
a  fee  or  other  compensation  therefor  is  expressly 
allowed  by  law. 

2.  An  officer  or  other  person,  to  whom  a  fee  or  other 
compensationi  is  allowed  by  law,  for  any  service,  shall 
not  charge  or  receive  a  greater  fee  or  reward,  for  that 
service,  than  is  so  allowed. 

3.  An  officer,  or  other  person,  shall  not  demand  or 
receive  any  fee  or  compensation,  allowed  to  him  by 
law  for  any  service,  unless  the  service  was  actually 
rendered  by  him;  except  that  an  officer  may  demand  in 
advance  his  fee,  where  he  is,  by  law,  expressly  directed 
or  permitted  to  require  payment  thereof,  before  render- 
ing the  service. 

An  officer  or  other  person,  who  violates  either  of  the 
provisions  contained  in  this  section,  is  liable,  in 
addition  to  the  punishment  prescribed  by  law  for  the 
criminal  offense,  to  an  action  in  behalf  of  the  person 
aggrieved,  in  which  the  plaintiff  is  entitled  to  treble 
damages. 


Number   of 
passengers1 
on    street 
cars    in 
certain 
cities 


PUBLIC    SERVICE    COMMISSIONS    LAW 

§  51-a.  Power  of  commission  to  regulate  the  number 
of  passengers  on  street  cars  in  certain  cities.  The 
commission  having  jurisdiction  shall,  after  a  hearing, 
either  on  its  own  motion  or  on  a  complaint,  have  exclu- 
sive power  to  make  an  order  fixing  the  maximum  number 
of  passengers  that  may  be  carried  on  any  car  or  cars 
operated  in  any  city  of  over  four  hundred  and  fifty 
thousand  inhabitants  upon  any  line  or  lines  of  street 
railway  therein.  Nothing  contained  in  the  public 
health  law  or  in  any  other  statute,  either  general  or 
local,  shall  hereafter  be  construed  to  authorize  any 
local  board  or  department  of  health  or  other  local 
authorities  of  a  city  in  which  the  carriage  of  passengers 


Sanitary  Code  531 

shall  be  subject  to  regulation  under  the  foregoing  pro- 
visions of  this  section  to  make  or  enforce  ordinances, 
rules,  regulations  or  orders  prescribing,  in  terms  or 
effect,  the  maximum  number  of  passengers  to  be  carried 
upon  any  such  car  or  cars  operated  therein.  (Added  by 
L.  1917,  ch.  803,  in  effect  June  9,  1917.) 

RENDERING  PLANTS 

Prohibited  in  cities  or  within  three  miles  there- 
from ;  exceptions.  Public  Health  Law,  §  39  (p.  50 ) . 
Forfeiture  of  charter  of  plant  located  in  another  state. 
General  Corporation  Law,  Art.  IXa  (p.  461).  Operation 
of  crematories  and  disposal  of  garbage.  General  City 
Law,  §  17.  Disposition  of  garbage.  Village  Law, 
§§  344-346.  Town  Law,  §§  320-322.  Garbage  disposal 
works  to  be  approved  by  commissioner  of  health.  Pub- 
lic Health  Law,  §  14   (p.  20). 

RESTAURANTS 

Cleanliness  in  preparation  and  service  of  food,  Pub- 
lic Health  Law,  §§  343-a-343-c  (p.  233).  Handling  of 
food  forbidden  in  certain  cases.     Sanitary  Code,  Chap. 

II,  Reg.  39  ( p.  323 ) .  Common  towel  forbidden.  Sani- 
tary Code,  Chap.  VII,  Reg.  2  (p.  355).  Permits 
required  to  sell  food  and  beverages  in  health  zones. 
Sanitary  Code,  Chap.  VII,  Reg.  11  (p.  3'59). 

SANITARY  CODE 

Adoption  by  public  health  council  authorized.  Pub- 
lic Health  Law,  §  2-b  (p.  10). 

Chap.  I.  Definitions  and  general  provisions  (p.  303). 
Chap.  II.      Communicable    diseases     (p.     304) .      Chap. 

III.  Milk  and  cream  (p.  333).  Chap.  IV.  Mrdwives 
(p.  344).  Chap.  V.  Labor  camps  (p.  347).  Chap. 
VI.  Nuisances  which  may  affect  life  and  health 
(p.  353).     Chap.  VII.     Miscellaneous   (p.  355).     Chap. 

VIII.      Boarding  houses   (p.  360).    Chap.  IX.  (p.  362!). 


532 


Public    Health    Manual 


Depart- 
ment   of 
health 


Health 
officer 


Deputy 

health 

officer 


SECOND  GLASS   CITIES   LAW 

(L.  1909,  ch.  55,  cons.  chap.  53  of  the  Cons.  Laws.) 

§  145.  Department  of  health.  The  commissioner  of 
public  safety  shall  exercise  all  the  powers  and  be 
charged  with  all  the  duties  conferred  upon  or  required 
of  local  boards  of  health  by  the  laws  of  this  state,  so 
far  as  the  same  pertain  to  cities,  with  the  exceptions, 
limitations    and    additions    herein    contained. 

§  146.  Health  officer.  No  person  shall  be  eligible 
to  appointment  as  health  officer  unless  he  shall  be  a 
physician  and  surgeon  duly  licensed  to  practice  under 
the  laws  of  this  state,  and  who  has  practiced  as  such 
for  at  least  ten  years. t  The  health  officer  shall  possess 
such  powers  and  perform  such  duties  as  shall  be 
delegated  to  or  prescribed  by  the  commissioner  of 
public  safety  or  by  ordinance  of  the  common  council. 

§  147.  Deputy  health  officer.  The  health  officer  by 
the  authority  and  under  the  direction  of  the  com- 
missioner of  public  safety  may  appoint  a  deputy,  to 
hold  office  during  his  pleasure.  He  may,  when  author- 
ized by  the  commissioner  and  subject  to  the  approval 
of  the  board  of  estimate  and  apportionment,  appoint 
such  other  assistants  and  employ  such  health  and 
sanitary  experts  as  may  be  required  to  carry  into  effect 
the  powers,  decisions,  orders  and  directions  vested  *  in 
said  commissioner  and  health  officer  by  this  chapter 
and  otherwise  by  law.  The  compensation  of  such 
deputy,  assistants  and  experts  shall  be  fixed  by  the  com- 
missioner, subject  to  the  approval  of  the  board  of 
estimate  and  apportionment. 

§  148.  Appeals  from  orders  of  health  officer.  Pro- 
vides that  person  aggrieved  by  order  of  health  officer 
may  appeal  to  commissioner. 


t  See  Public  Health  Law,  §  20,  p.  24 


Second  Class  Cities  Law  533 

§  149.  Inspection  of  public  buildings.  Inspection  by 
health  officer  and  superintendent  of  buildings. 

§  150.  Approval  of  plans  for  sewers  and  drains.    All  Approval 
plans  for  sewers  and  drains  shall  be  submitted  to  the  °J  plans 

for    sewers 

health  officer  for  his  approval  before  contracts  are  let  and  drams 

for  the  construction  of  the  same,  and,  in  case  he  shall 

disapprove  the  same,  such  sewer  and  drains  shall  not 

be   constructed  unless,  on  appeal  to  the  commissioner, 

he  shall  approve  the  same.    The  health  officer  has  power, 

subject  to  the  right  of  appeal  herein  provided,  to  stop 

the  construction  or  use  of  drains  and  sewers  which  are 

not  properly  constructed  or  properly  used,  or  which  are 

not  in  accordance  with  plans  previously  approved  and 

adopted. 

§  151.  Health  physicians.  Provides  for  dividing  city 
into  health  districts  and  appointment  of  health 
physicians. 

§  152.  Actions  to  restrain   nuisances.     The  commis-  Actions 
sioner  is  authorized,  bv  and  with  the  advice  and  consent  t0  .restraln 

'     J  nuisances 

of  the  corporation  counsel,  in  the  name  of  the  city,  to 
maintain  actions  to  restrain  the  threatened  performance 
of  any  act  contrary  to  his  orders,  directions,  decisions  or 
ordinances  or  those  of  the  superintendent  of  public 
buildings  or  any  violation  of  the  rules  and  regulations 
of  the  department  of  buildings  and  to  restrain  and 
abate  nuisances;  and  for  the  purpose  of  obtaining  a 
temporary  injunction  in  any  such  action  no  under- 
taking shall  be  required.      (Am'd  by  L.  1909,  ch.  573). 

§  153.  Duty  in  case  of  peril  to  public  health.    In  case  Duty  in 
of  great  and  imminent  peril  to  the  public  health  of  the  p^n  °to 
city,  by  reason  of  impending  pestilence,  it  shall  be  the  j^1*^ 
duty    of   the   commissioner,   with    the    sanction    of   the 
common   council,   if   it  be  practicable  to   convene  that 
body  for  prompt  action,  or  if  not,  when  approved  by  the 
board    of    estimate    and    apportionment,    to    take    such 
measures,  and  to  do,  order,  or  cause  to  be  done,  such 


534 


The  Public  Health  Manual 


Public 
health 
law 
applicable 


acts  and  to  make  such  extraordinary  expenditures  in 
excess  of  the  sum  appropriated  to  the  department  of 
health  as  in  this  chapter  provided,  for  the  preservation 
and  protection  of  the  public  health,  as  he  may  deem 
necessary  and  proper.  iSuch  peril  to  public  health 
shall  be  deemed  to  exist  only  when  and  for  such 
period  as  the  commissioner  and  the  board  of  estimate 
and  apportionment,  by  unanimous  vote,  shall  determine. 
§  154.  Public  health  law  applicable.  The  public 
health  law,  so  far  as  it  pertains  to  cities,  shall  be 
applicable  to  cities  of  the  second  class,  except  as  herein 
expressly  modified. 


SEWERAGE  AND  SEWAGE  DISPOSAL 

Sewage  and  sewage  disposal.  Public  Health  Law, 
§§  73-84  (p.  63).  Polluting  waters.  Conservation 
Law,  §  325  ( p.  401 ) .  Sewage  disposal  as  affecting 
potable  waters.  Conservation  Law,  §  525  (p.  403'). 
Plumbing  and  drainage.  General  City  Law,  Art.  IV. 
Grant  of  specific  powers  —  to  establish  sewer  systems, 
etc.  General  City  Law;  §  20.  Contracts  for  purifica- 
tion of  water  and  sewage.  General  Municipal  Law, 
§<§  120-12©-a  (p.  465).  Deposit  of  dead  animals,  sew- 
age, etc.,  in  Lake  'George  and  Schroon  Lake  prohibited. 
Navigation  Law,  §  52.  Deposit  of  dead  animals  and 
debris  in  St.  Lawrence  river  prohibited.  Navigation 
Law,  §  53.  Injuring  sewer  or  other  property.  Penal 
Law,  §  1423  (p.  517).  Approval  of  plans  for  sewers 
and  drains.  /Second  Class  Cities  Law,  §  150  (p.  533'). 
Sewer  systems  in  towns.  Town  Law,  §§  230-245 
(p.  545).  Sewers  and  drainage  of  hotels.  Public 
Health  Law,  §  354  (p.  248).  Establishment  of  sewer 
system.  Village  Law,  §§  260-276.  For  county  tuber- 
culosis hospital  plans  to  be  approve'd.  County  Law, 
§  45,  subd.  2  (p.  410).  Colleges  may  construct 
sewer    systems.      Education    Law,    §  1106.      Tenement 


State  Charities  Law  535 

houses,  sewer  connections.  Tenement  House  Law,  §  91. 
Sewage  disposal,  labor  camps.  .Sanitary  Code,  Chap. 
V  ( p.  347 ) .  Waterclosets  for  school  houses.  Edu- 
cation Law,  §  457.  Sewage  disposal,  inspection  and 
report,  institutions  for  children.  Public  Health  Law,  • 
§  313    (p.  204). 

SHEETS 
Length,    in    hotels,    regulated.      Public    Health   Law, 
§  355   (p.  248). 

SHELLFISH 
See  Oysters. 

SPITTING 
In    public    places    forbidden.      Sanitary    Code,    Chap. 
VII,  Reg.  1  (p.  355). 

STATE  CHARITIES  LAW 

L.  1909,  ch.  57,  cons.  chap.  55  of  the  Cons.  Laws.) 

§   10.  Visitation,  inspection  and  supervision  of  insti-  Visitation, 

super- 

tutions.  All  institutions  of  a  charitable,  eleemosynary,  vision  and 
reformatory  or  correctional  character  or  design,  includ-  ^^ng^.. 
ing  reformatories  (except  those  now  under  the  super-  tions 
vision  and  subject  to  the  inspection  of  the  prison  com- 
mission), but  including  all  reformatories,  except  those 
in  which  adult  males  convicted  of  felony  shall  be  con- 
fined, asylums  and  institutions  for  idiots  and  epileptics, 
alms-houses,  orphan  asylums,  and  all  asylums,  hospitals 
and  institutions,  whether  state,  county,  municipal, 
incorporated  or  not  incorporated,  private  or  otherwise, 
except  institutions  for  the  custody,  care  and  treatment 
of  the  insane,  are  subject  to  the  visitation,  inspection 
and  supervision  of  the  state  board  of  charities,  its  mem- 
bers, officers  and  inspectors.  Such  institutions  may 
be  visited  and  inspected  by  such  board,  or  any  member, 
officer  or  inspector  duly  appointed  by  it  for  that  pur- 
pose, at  any  and  all  times.     Such  board  or  any  member 


536  The  Public  Health  Manual 

thereof  may  take  proofs  and  hear  testimony  relating  to 
any  matter  before  it,  or  before  such  member,  upon  any 
such  visit  or  inspection.  Any  member  or  officer  of  such 
board,  or  inspector  duly  appointed  by  it,  shall  have 
*  full  access  to  the  grounds,  buildings,  books  and  papers 
relating  to  any  such  institution,  and  may  require  from 
the  officers  and  persons  in  charge  thereof  any  informa- 
tion he  may  deem  necessary  in  the  discharge  of  his 
duties.  The  board  may  prepare  regulations  according 
to  which,  and  provide  blanks  and  forms  upon  which, 
such  information  shall  be  furnished,  in  a  clear,  uniform 
and  prompt  manner,  for  the  use  of  the  board.  No  such 
officer  or  inspector  shall  divulge  or  communicate  to  any 
person  without  the  knowledge  and  consent  of  said 
board  any  facts  or  information  obtained  pursuant  to 
the  provisions  of  this  chapter;  on  proof  of  such 
divulgement  or  communication  such  officer  or  inspector 
may  at  once  be  removed  from  office.  The  annual  reports 
of  each  year  shall  give  the  results  of  such  inquiries, 
with  the  opinion  and  conclusions  of  the  board  relating 
to  the  same.  Any  officer,  superintendent  or  employee  of 
any  such  institution,  society  or  association  who  shall 
unlawfully  refuse  to  admit  any  member,  officer  or 
inspector  of  the  board,  for  the  purpose  of  visitation  and 
inspection,  or  who  shall  refuse  or  neglect  to  furnish  the 
information  required  by  the  board  or  any  of  its  mem- 
bers, officers  or  inspectors,  shall  be  guilty  of  a  mis- 
demeanor, and  subject  to  a  fine  of  one  hundred  dollars 
for  each  such  refusal  or  neglect.  The  rights  and 
powers  hereby  conferred  may  be  enforced  by  an  order 
of  the  supreme  court  after  notice  and  hearing,  or  by 
indictment  by  the  grand  jury  of  the  county,  or  both. 

§  12.  Powers  and  duties  of  board  on  visits  and 
inspections.  Defines  subjects  upon  which  inquiry  is  to 
be  made. 

§  13.  Investigations  of  institutions.  Board  may 
direct  an  investigation  by  a  committee. 


State  Charities  Law  537 

§  14.  Orders  of  board  directed  to  institutions.  After 
investigation,  board  may  order  conditions  corrected; 
order  to  be  approved  by  justice  of  the  supreme  court, 
after  hearing.  Wilful  refusal  to  obey  order  a  misde- 
meanor. 

§  15.  Correction  of  evils  in  administration  of  insti- 
tutions. Board  to  call  attention  of  trustees,  directors 
or  managers  to  such  evils  or  defects  in  administration, 
and  "  such  officers  shall  take  prompt  action  thereon, 
with  a  view  to  correcting  the  same." 

ARTICLE  X 

New  York  State  hospital  for  the  treatment  cf  incipient 
pulmonary  tuberculosis,  Raybrook 

§  157.  Duties  of  superintendent.  The  superintendent 
shall, 

10.  Give    to    superintendents    of    county    tuberculosis  Courses   for 
hospital    courses    in    the    diagnosis    and    treatment    of  tendents 
tuberculosis     and     in     hospital     administration.       The  of  county 

tuber- 

board   and  lodging   of  such   superintendents   of   county  cuiosis 
hospitals,  while  actually  in  attendance  at  such  courses,  hospitals 
shall  be  charged  as  an  expense  of  conducting  such  hospi- 
tal.     (Subd.  added  by  L.  1917,  ch.  241,  in  effect  April 
23,   1917.)  f 

§  160.  Free  patients.  The  trustees  of  said  hospital 
to  be  appointed  under  and  pursuant  to  the  provisions 
of  this  article,  and  their  successors,  are  hereby  given 
power  and  authority  to  receive  therein  patients  who 
have  no  ability  to  pay,  but  no  person  shall  be  admitted 
to  the  hospital  who  has  not  been  a  citizen  of  this  state 
for  at  least  one  year,  excepting  that  a  female  who  has 
been  a  resident  of  the  state  for  at  least  five  years  Free 
preceding  the  date  of  the  application  may  be  so  pa  ien  s 
admitted,  though  not  a  citizen.  Every  person  desiring 
free  treatment  in  said  hospital  shall  apply  to  the  health 


tSee  County  Law,  §  48,  subd.  10,    p.  419 


538  The  Public  Health  Manual 

officer  of  his  or  her  village,  town,  city  or  county  who 
shall  thereupon  issue  a  written  request  to  the  superin- 
tendent of  said  hospital  for  the  admission  and  treat- 
ment of  such  person,  which  request  and  statement 
shall  be  kept  on  file  by  the  superintendent  of  the  hos- 
pital. Such  requests  shall  be  filed  by  the  superintendent 
in  a  book  kept  for  that  purpose  in  the  order  of  their 
receipt  by  him.  The  health  officer  shall  notify  the 
local  authorities  of  the  town,  city  or  county  in  which 
the  person  desiring  free  treatment  resides,  having 
charge  of  the  relief  of  the  poor,  of  every  request  issued 
to  the  superintendent  of  the  said  hospital  in  accordance 
with  the  provisions  of  this  section.  The  said  local 
authorities  of  the  poor  may  make  such  investigation 
as  they  deem  proper  as  to  the  ability  of  said  person 
to  pay  for  treatment,  and  if  said  person  has  already 
been  transferred  to  eaid  hospital  at  Raybrook  the 
superintendent  of  said  hospital  shall  co-operate  and 
assist  the  said  local  authorities  in  obtaining  such  infor- 
mation. Provided,  however,  nothing  herein  contained 
shall  be  construed  to  delay  the  immediate  forwarding  of 
said  person  to  the  said  hospital  whenever  there  are 
facilities  there  for  his  reception.  Whenever  there  are 
vacancies  caused  by  death  or  removal,  the  said  superin- 
tendent shall  thereupon  issue  a  request  to  an  examining 
physician,  appointed  as  provided  for  in  section  one 
hundred  and  fifty-nine,  in  the  same  city  or  county,  and 
if  there  be  no  such  examining  physician  in  said  city 
or  county  then  to  the  nearest  examining  physician,  for 
the  examination  by  him  of  said  patient.  Upon  the 
request  of  such  superintendent  said  examining  phy- 
sician shall  examine  all  persons  applying  for  free  admis- 
sion and  treatment  in  said  institution,  and  determine 
whether  such  persons  applying  are  suffering  from 
incipient  pulmonary  tuberculosis.  No  person  shall  be 
admitted  as  a  patient  in  said  institution  without  the 
certificate  of  one  of  said  examining  physicians  certify- 


State  Charities  Law  539 

ing  that  such  applicant  is  suffering  from  incipient 
pulmonary  tuberculosis,  and  if  on  the  reception  of  a 
person  at  such  hospital,  it  is  found  by  the  authorities 
thereof  that  he  is  not  suffering  from  incipient  pul- 
monary tuberculosis,  or  is  suffering  from  pulmonary 
tuberculosis  in  such  an  advanced  stage  as  to  prevent 
his  deriving  any  benefit  from  care  and  treatment  at  such 
hospital,  he  shall  be  returned  to  the  place  of  his 
residence,  and  the  expense  of  transportation  to  and 
from  the  hospital  shall  be  paid  by  said  local  authori- 
ties. Admissions  to  said  hospital  shall  be  made  in  the 
order  in  which  the  names  of  applicants  shall  appear 
upon  the  application  book  to  be  kept  as  above  provided 
by  the  superintendent  of  said  hospital,  in  so  far  as 
such  applicants  are  subsequently  certified  by  the  said 
examining  physician  to  be  suffering  from  incipient  pul- 
monary tuberculosis.  Every  person  who  is  declared  as 
herein  provided  to  be  unable  to  pay  for  his  or  her  care 
or  treatment  shall  be  transported  to  and  from  the 
hospital  at  the  expense  of  said  local  authorities,  and 
cared  for,  treated  and  maintained  therein  at  the  expense 
of  the  municipality  which  would  otherwise  be  charge- 
able with  the  support  of  such  poor  or  indigent  person; 
and  the  expense  of  transportation,  treatment,  mainte- 
nance and  the  actual  cost  of  articles  of  clothing  furnished 
by  the  hospital  to  such  poor  or  indigent  person  shall  be 
a  county,  city  or  town  charge,  as  the  case  may  be. 
(Amended  by  L.  1917,  ch.  241,  in  effect  April  23,  1917.) 

§  161.  Private  patients.  Applicants  for  admission  Private 
to  this  institution  who  are  able  to  pay  for  their  care  patients 
and  treatment  are  not  required  to  obtain  a  written 
request  from  the  local  authorities  having  charge  of  the 
relief  of  the  poor,  but  shall  apply  in  person  to  the 
superintendent,  who  shall  enter  the  name  of  such 
applicant  in  a  book  to  be  kept  by  him  for  that  purpose, 
as  provided  in  section  one  hundred  and  sixty;  and  when 
there   is   room   in   said   hospital    for   the   admission   of 


free 
patients 


540  The  Public  Health  Manual 

such  applicant,  without  interfering  with  the  preference 
in  the  selection  of  patients,  which  shall  always  be  given 
to  the  indigent,  such  patient  shall  be  admitted  to  the 
hospital  upon  the  certificate  of  one  of  the  examining 
physicians,  which  certificate  shall  be  kept  on  file  by  the 
said  superintendent, 
support  of  §  162-  Support  of  free  patients.  At  least  once  in 
each  month  the  superintendent  of  the  hospital  shall 
furnish  to  the  comptroller  and  to  the  local  authorities 
of  each  county,  city  or  town,  as  the  case  may  be,  having 
charge  of  the  relief  of  the  poor,  a  list  of  all  the  free 
patients  in  the  hospital  that  are  accredited  each  re- 
spective county,  city  or  town  and  who  are  shown  by 
the  statement  of  such  local  authorities  to  be  unable  to 
pay  for  their  care,  treatment  and  maintenance,  under 
the  provisions  of  section  one  hundred  and  sixty  of  this 
chapter.  He  shall  accompany  each  such  list  with  a  bill 
of  charges  for  care,  treatment  and  maintenance  at  a 
rate  not  exceeding  five  dollars  per  week  for  each  such 
free  patient,  together  with  items  of  expense  of  trans- 
portation, fee  of  the  examining  physician  and  the 
actual  cost  of  articles  of  clothing  furnished  by  the 
hospital  to  each  such  free  patient.  The  treasurer  of 
the  hospital  shall  thereupon  collect  from  the  said  local 
authorities  of  the  county,  city  and  town  such  sums 
as  may  be  due  therefrom,  and  pay  the  same  over  to 
the  state  treasurer.  (Am'd  by  L.  1910,  ch.  449.) 
support  of  §  1^3.  Support  of  private  patients.  The  trustees 
private  shall  have  power  and  authority  to  fix  the  charges  to  be 

paid  by  patients  who  are  able  to  pay  for  their  care 
and  treatment  in  said  hospital  or  who  have  relatives 
bound  by  law  to  support  them,  who  are  able  to  pay 
therefor. 

ARTICLE  XV 

Section  290.  Definition   of   dispensary. 

291.  Licensing    of    dispensaries    by    the    state 
board  of  charities. 


Tenement  House  Law  541 


STATE  HOSPITAL  FOR  TUBERCULOSIS, 
RAYBROOK 


See  State  Charities  Law,  §§  150-163. 


SUMMER  RESORT 


Sanitary  conditions  in  hotels.  Public  Health  Law, 
§§  354-356  (p.  248).  Common  towel  forbidden. 
Sanitary  Code,  Chap.  VII,  Reg.  2  (p.  355).  Common 
drinking  cups  and  eating  and  drinking  utensils  for- 
bidden. Sanitary  Code,  Chap.  VII,  Reg.  3  (p.  355). 
Cleanliness  in  preparation  and  service  of  food.  Public 
Health  Law,  §§  3i43-a-343-c  (p.  2330.  Handling  of 
food  forbidden  in  certain  cases.  Sanitary  Code,  Chap. 
II,  Reg.  39  ( p.  32i3 ) .  Contagious  diseases  to  be  re- 
ported. Sanitary  Code,  Chap.  II,  Reg.  5  (p.  308). 
Public  Health  Law,  §  25   ( p.  37 ) . 

TOBACCO 

Furnishing,  in  any  form,  to  children  under  eighteen 
years  of  age.  Penal  Law,  §  484  (p.  514).  Furnish- 
ing minors  in  reformatories.    Penal  Law,  §  489  (p.  514) . 

TENEMENT  HOUSE  LAW 

ARTICLE  VIII 

§  150.  Vagrancy.    A  person  who:  vagrancy 

•  1.  Solicits  another  to  enter  a  house  of  prostitution 
or  a  room  in  a  tenement  house  or  any  part  thereof  for 
the  purpose  of  prostitution;  or, 

2.  Indecently  expose  the  private  person  for  the  pur- 
pose of  prostitution  or  other  indecency;   or, 

3.  Commits  prostitution  in  a  tenement  house  or  any 
part  thereof;   or, 


542  The  Public  Health  Manual 

4.  Knowingly  resides  in  a  house  of  prostitution,  or 
assignation  or  ill-fame  of  any  description  in  a  tenement 
house;   or, 

5.  Keeps  or  maintains  a  house  of  prostitution,  as- 
signation or  ill-fame  of  any  description  in  a  tenement 
house,  shall  be  deemed  to  be  a  vagrant,  and  upon  con- 
viction thereof  shall  be  committed  to  the  county  jail 
for  a  term  not  exceeding  six  months  from  the  date  of 
commitment,  or,  if  the  person  convicted  is  a  female 
she  may  be  placed  upon  probation  except  in  the  follow- 
ing cases:  (a)  when  the  offense  was  that  of  keeping 
or  maintaining  a  house  of  prostitution,  assignation  or 
ill-fame  in  a  tenement  house,  or  (b)  when  the  female 
has  been  convicted  previously  of  any  offense  or  crime. 
The  procedure  in  such  case  shall  be  the  same  as  that 
provided  by  law  for  other  cases  of  vagrancy.  (Amended 
by  L.  1913,  ch.  598,  and  L.   1915,  ch.  286.) 

TOWELS 

Individual,  in  hotels  Public  Health  Law,  §  355 
(p.  248).  Common,  prohibited.  Sanitary  Code,  Chap. 
VII,  Reg.  2  ( p.  355 ) .  One  for  each  customer,  barber 
shops.     Sanitary  Code,  Chap.  VII,  Reg.  4  (p.  356). 

TOWN  LAW 

(L.  1909,  chap.  63,  const,  chap.  62  of  Cons.  Laws) 

ARTICLE  VI 

Meeting  of  §  131.  Constitution  and  regular  meeting  of  town 
board.  The  supervisor,  town  clerk  and  the  justices  of 
the  peace,  or  any  two  of  such  justices,  shall  constitute 
the  town  board  in  each  town,  and  shall  hold  at  least 
two  meetings  annually  at  the  office  of  the  town  clerk, 
as  follows:  One  on  the  Tuesday  preceding  the  biennial 
town  meeting  and  on  the  corresponding  date  in  each 
alternate    year,    except    that    in    towns   where    biennial 


town 
board 


Town  Law  543 

town  meetings  are  held  at  the  time  of  a  general  elec- 
tion, such  meeting  shall  be  held  on  the  twenty- 
eighth  day  of  December  in  each  year,  unless  such  day 
is  Sunday,  in  which  case  such  meeting  shall  be  held  on 
the  preceding  day;  and  one  on  the  Thursday  next  pre- 
ceding the  annual  meeting  of  the  board  of  supervisors. 
The  supervisor  of  the  town  shall  when  present 
preside  at  all  meetings  of  the  town  board.  The 
supervisor  or  the  town  clerk  may  call  a  special 
meeting  of  the  town  board  at .  any  time  by  giving  at 
least  two  days'  notice  in  person  or  in  writing  to  the 
other  members  of  such  board  of  the  time  when  and 
place  where  such  meeting  is  to  be  held.  At  any  such 
regular  or  special  meeting  it  shall  be  lawful  for  the 
town  board  to  audit,  allow  or  reject  any  charge,  claim 
or  demand  against  the  town  for  which  funds  might 
lawfully  be  provided  by  the  issuance  and  sale  of  town 
obligations  under  the  provisions  of  section  one  hundred 
and  thirty-eight-a  of  this  chapter;  and  any  charge, 
claim  or  demand  so  audited  shall  be  payable  immedi- 
ately from  available  funds  thus  provided,  if  there  be 
any,  and  otherwise  as  soon  as  the  moneys  are  raised 
therefor  under  the  provisions  of  said  section  one  hun- 
dred and  thirty-eight-a,  but  a  charge,  claim  or  demand 
of  the  kihd  authorized  by  this  section  to  be  audited  may 
be  paid,  in  the  discretion  of  the  town  board,  from  other 
town  funds  on  hand  available  for  general  purposes,  if 
there  be  any  such  funds.  (Amended  by  L.  1909,  ch.  140; 
L.  1913,  ch.  571,  and  L.  1916,  ch.  59,  in  effect  March  20, 
1916.) 

ARTICLE  X 
§  210.  Town  board  may  prohibit  hawking  and  ped-  Hawking 
dling    without    license .*      The    town     board     of    any  aiing   farm 
town    may,    by   resolution,    prohibit    the    hawking   and  2™' 
peddling    of    goods    or    produce    in    public    streets    or  forbidden 


*See  General  Municipal  Law,  §  81,  p.  465 


544  The  Public  Health  Manual 

places,  or  the  vending  of  the  same  by  calls  from 
house  to  house,  without  a  license;  but  such  pro- 
hibition shall  not  apply  to  the  peddling  of  meats, 
fish,  fruit  or  farm  produce,  to  the  sale  by  sample 
or  prospectus  of  goods,  books  or  other  merchan- 
dise where  the  same  are  not  delivered  at  the  time 
the  order  therefor  is  taken,  or  to  peddling  by  any  per- 
son or  corporation  in  this  state,  provided  no  sale  is 
made  by  such  person  or  corporation  of  dry-goods,  cloth- 
ing, drugs  or  articles  of  food  and  all  sales  are  wholly 
or  partly  by  barter  for  merchandise,  or  so  as  to  require 
a  license  from  an  honorably  discharged  soldier,  sailor 
or  marine  of  the  military  or  naval  service  of  the  United 
States  who  has  obtained  a  license  from  the  county 
clerk  to  hawk,  peddle,  vend  or  solicit  trade,  in  pursu- 
ance of  law. 

ARTICLE  XI 

Sewers 
Section  230.     Town  board  may  establish  sewer  system; 
petition. 
230-a.  Town   board   may   direct   construction    of 
portions    of    sewer    system;     extension, 
notice  of,  petition. 

231.  Action  by  town  board. 

232.  Oaths  and  undertakings  of  commissioners. 

233.  Approval  and  filing  of  map  and  plan  of 

sewer  system. 

234.  Contracts   for   the   construction    of    sewer 

system. 

235.  Supervising  engineer,   inspectors,   and  at- 

torney. 

236.  Acquisition  of  property  by  condemnation. 

237.  Apportionment  of  local  assessment  for  con- 

struction. 

238.  Appeal  from  apportionment. 

239.  Hearing  of  appeal. 


Town  Law  545 

Section  240.  Reapportionment. 

241.  Procedure  by  new  commissioners. 

242.  Fees  of  commissioners. 

243.  Expense  of  maintenance,  how'  raised. 

244.  Annual  statement  of  commissioners. 

245.  Sewer  connections. 

246.  Constructing  laterals  in  such  districts. 

247.  Contracts  for  construction  of  laterals. 

248.  Improvements;  how  paid  for. 

§  230.  Town    board    may    establish    sewer    system;  Town 
petition.     The   town  board   of  any  town  on  the   peti-  board  may 
tion  of  owners  of  real  property  in  a  proposed  district,  sewer 
or    in    a    proposed    extension    of    an    existing    district,  sys  em 
representing  more  than  one-half  in  value  of  the  tax- 
able real  property  therein  as  appears  by  the  last  pre- 
ceding    completed     assessment-roll,     may     establish     a 
sewer  system  outside   an  incorporated  village  or  city, 
or  extend   the   boundaries    of   an   existing   district   and 
the    sewer    system    therein    accordingly.      The    petition  Petition 
must  describe  the  proposed  district,  or  proposed  exten- 
sion  of  an  existing   district,   and   state   the   maximum 
amount   proposed  to   be   expended   in   the   construction 
of   such   sewer   system   or  extension.     Each   petitioner 
shall   state  opposite   his   name   the   assessed   valuation 
of  the   real  property  owned  by   him   in  such   district, 
or  extension  of  an   existing  district,   according  to  the 
last  preceding  completed  assessment-roll.     The  petition  Petition 
must  be   signed  by  the  petitioners  and  proved  or   ac-  nSh   sewer 
knowledged  in  the  same  manner  as  a  deed  to  be  re-  system 
corded,   and   if  it  be   a  petition  to   extend   an   existing 
district   and   the   sewer  system   therein   shall,   in  addi- 
tion to  the  foregoing  provisions,  be  approved  in  writ- 
ing by  the  sewer  commissioners  of  such  district.    There 
shall  be  annexed  to  and  presented  with  such  petition 
a  map  and  plan  of  the  proposed  sewer  system,  or  ex- 
tension, with   specifications   of  dimensions   and  connec- 
18 


tion 


546  The  Public  Health  Manual 

tions  and  outlet  or  sewage  disposal  works  prepared 
by  a  competent  engineer  at  the  expense  of  the  peti- 
Cost  of  tibners.  The  petitioners  may,  however,  present  to  the 
and^map  town  DOard  wi*^  8Ucl1  petition,  map,  plan  and  speci- 
to  become  fications,  a  statement,  verified  by  one  of  the  peti- 
expense  of  tioners  having  personal  knowledge  of  the  correctness 
thereof,  showing  the  amount  of  the  actual  cost  to 
them  of  said  map,  plan  and  specifications  and  the  cost 
of  the  acknowledgments  of  the  signatures  to  such  peti- 
tion, and  by  whom  paid,  which  said  amount,  if  found 
by  the  town  board  to  be  just  and  reasonable,  and  if  the 
said  town  board  shall  make  one  of  the  orders  as  pro- 
vided by  section  two  hundred  and  thirty-one  of  this 
chapter,  shall  be  and  become  a  part  of  the  expense  of 
construction,  and  shall  be  included  in  the  first  tax 
levy  therefor,  and  shall  be  refunded  to  the  person  or 
persons  by  whom  paid,  as  shown  by  the  aforesaid 
statement,  by  the  supervisor  of  the  town,  who  shall 
take  a  receipt  therefor.  At  any  time  after  the  town 
board  has  made  an  order  establishing  such  district,  or 
extending  an  existing  district,  the  maximum  amount 
proposed  to  be  expended  in  the  construction  of  such 
sewer  system  in  said  district,  or  extension,  may  be  in- 
creased by  a  petition  of  owners  of  real  property  in 
said  district  or  extension,  representing  more  than  one- 
half  in  value  of  the  taxable  real  property  therein,  as 
appears  by  the  last;  preceding  completed  assessment- 
roll,  setting  forth  the  additional  amount  proposed  to 
be  expended,  in  excess  of  the  maximum  amount  set 
forth  in  the  petition  upon  which  the  said  district  or 
extension  was  established.  Such  petition  must  be 
signed  and  proved  or  acknowledged  in  the  same  man- 
ner as  the  petition  for  the  establishment  of  said  sewer 
district  or  extension,  and  shall  be  filed  in  the  office  of 
the  town  clerk.  Every  petition  made  as  provided  in 
this  section  shall  contain  a  statement  conspicuously 
printed  thereon  as  follows:     "The  cost  of  construction 


Town  Law  547 

and  maintenance  of  such  sewer  system  or  extension,  as 
the  case  may  be  shall  be  assessed,  from  year  to  year, 
by  the  sewer  commissioners  to  be  appointed,  upon  the 
lands  within  the  sewer  district  or  extension  in  pro- 
portion as  nearly  as  may  be  to  the  benefit  which  each 
lot  or  parcel  will  derive  therefrom."  Any  petition 
made  as  herein  provided  shall  be  legal  for  all  purposes 
herein,  although  some  of  the  petitioners  therein  may 
have  signed  and  acknowledged  the  same  before  this 
section,  as  hereby  amended,  takes  effect.  (Amended  by 
L.  1910,  ch.  134  and  L.  1911,  ch.  507,  in  effect  June  28, 
1911.) 

§  230-&.  Town  board  may  direct  construction  of  por-  Town 
tions  of  sewer  system;   extension,  notice   of,  petition.  A°**ct  ™^_ 
If  in  the  petition  for  the  establishment  of  a  sewer  dis-  struction 

*■  of    portion 

trict  or   for   an  extension   to   an   existing   district,   the  of  sewer 
petitioners  shall  pray  that  a  portion  or  portions  only  system 
of  the  system  designed  ultimately  to   serve  the  entire 
district  or  an   extension  to  the   said  district,   shall  be 
constructed  in  the  first  instance,  and  shall  describe  the 
said  portion  or  portions  in  their  said  petition,  and  in- 
dicate the  same  on  the  said  map  and  plan,  and  shall 
specify  the  maximum  amount  proposed  to  be  expended 
in  the  construction  of  such  portion  or  portions  of  the 
said  system,  the  town  board  may  include  in  its  order  _ 
establishing  the  said  district  or  extension,  a  direction  board  may 
that  the  sewer  commissioners  shall  construct  only  the  struction 
portion   or   portions   of   the   said   system   designated   in  °*  g°^°n 
the  said  petition,  until  extensions  thereto  shall  be  au-  system 
thorized    as    hereinafter    provided.      In    case    the    town 
board  shall  make  an  order  establishing  the  said  district 
and  containing  the  said  direction,  the  provisions  of  this 
chapter  shall  be  applicable  thereto  in  all  respects,  ex- 
cept that  the  town  board  shall  not  issue  bonds  to  pro- 
vide  for   the  cost   of   such   portion   or   portions   to   an 
amount   exceeding   the   amount   mentioned    in   the   said 
petition   as  the  maximum  amount  proposed  to  be  ex- 


548  The  Public  Health  Manual 

pended  in  the  construction  of  such  portion  or  portions. 
Thereafter  extensions  to  the  said  system  may,  from  time 
to  time,  be  authorized  by  the  town  board  upon  the  peti- 
tion of  the  owners  of  real  property  within  the  area  in 
said  district  to  be  served  by  any  proposed  extension 
or  extensions  to  the  said  system,  representing  more  than 
one-half  in  value  of  the  taxable  real  property  within 
such  area,  as  apppears  by  the  last  preceding  com- 
pleted assessment-roll,  which  said  petition  shall  comply 
in  form,  substance,  and  in  the  manner  of  execution,  so 
far  as  applicable  thereto,  with  the  requirements  of  the 
petition  for  the  establishment  of  a  sewer  district,  and 
shall  state  the  maximum  amount  proposed  to  be  ex- 
pended for  such  extension  or  extensions,  and  shall  have 
endorsed  thereon  a  written  approval  of  a  majority  of 
the  sewer  commissioners  of  such  district,  and  there 
shall  be  presented  with  the  said  petition  a  map  prepared 
by  a  competent  engineer,  showing  the  area  proposed  to 
be  served  by  any  such  proposed  extension,  and  in  case 
such  proposed  extension  or  extensions  involve  a  change 
from  the  plans  shown  by  the  map  and  plan  attached 
to  the  petition  for  the  establishment  of  the  said  sewer 
district  such  petition  shall  be  accompanied  by  a  map 
and  plan  of  such  extension  or  extensions  prepared  in  the 
same  manner  as  the  original  map  and  plan,  and  ap- 
Town  proved  by  the  state  board  of  health.     Before  acting  upon 

direct  ^on-  a  petition  to  extend  the  system  in  any  district  or  exten- 
struction  aion  thereof,  the  town  board  shall  give  notice  of  the 
of  sewer  time  and  place  at  which  it  will  meet  to  act  thereon, 
system  ^  posting  at  least  twenty-one  days  before  the  day  fixed 

for  the  said  meeting  a  notice  thereof  in  at  least  four 
public  places  in  the  said  district,  and  by  publishing  a 
notice  thereof  once  in  each  of  the  three  calendar  weeks 
immediately  preceding  the  week  in  which  the  said  meet- 
ing is  to  be  held  in  at  least  one  newspaper  published 
in  the  said  town,  if  a  newspaper  is  published  therein. 
The  cost  to  the  petitioners  of  the  maps,  plans,  speci- 


Town  Law  549 

fications,  and  of  the  acknowledgments  of  the  signatures 
to  such  petition  may  be  made  a  part  of  the  expense  of 
constructing  the  said  extension  or  extensions  as  pro- 
vided in  section  two  hundred  and  thirty  of  the  town 
law  with  respect  to  the  like  expenditures  of  the  original 
petitioners,  and  the  maximum  amount  proposed  to  be 
expended  in  the  construction  of  any  such  extension  or 
extensions  to  the  sewer  system  in  any  such  district 
may  be  increased  by  the  petition  of  the  owners  of  real 
property  in  the  area  proposed  to  be  served  thereby, 
representing  more  than  one-half  the  taxable  real  prop- 
erty therein  as  appears  by  the  last  preceding  completed 
assessment-roll  of  said  town,  in  the  manner  specified 
in  section  two  hundred  and  thirty  of  the  town  law  for 
increasing  the  maximum  amount  proposed  to  be  ex- 
pended for  the  construction  of  the  original  system. 
In  case  said  extension  or  extensions  to  the  said  sewer 
system  in  any  such  district  shall  be  authorized  by  the 
town  board  of  any  such  town,  such  extension  or  ex- 
tensions, shall  thereafter,  for  all  purposes,  be  regarded 
as  part  of  the  original  system,  and  shall  be  constructed 
and  maintained  by  the  sewer  commissioners  of  the  said 
district,  and  the  cost  of  the  construction  thereof  shall 
be  provided  for  by  the  issue  and  sale  of  town  bonds 
in  the  same  manner  as  provided  in  section  two  hun-  Town 
dred  and  thirty-seven  of  the  town  law  for  the  payment  d°raerct  ™on- 
of   the   cost  of   the    original    system   which   said   bonds  struction 

°  ^  •  of    portion 

shall  be  a  town  charge,  and  the  principal  and  interest  of  sewer 
thereof,  together  with  the  cost  of  maintenance  of  such  sys  em 
extension  or  extensions,  shall  be  collected  from  the 
real  property  within  the  said  district  by  the  said  sewer 
commissioners,  in  the  same  manner  as  though  said  ex- 
tension or  extensions  had  formed  a  part  of  the  original 
system  constructed  in  the  said  district.  (Added  by  L. 
1912,  ch.  205,  in  effect  April  8,  1912.) 

§  231.  Action  by  town  board.     If  the  town  board  is  Action  by 
satisfied  that  the  petitioners  are  owners  of  real  prop-   own 


550  The  Public  Health  Manual 

erty   in   the   proposed   district   or  extension,    and   own 
more  than  one-half  in  value  of  the  taxable  real  prop- 
erty   therein,    they    shall    make    an    order    establishing 
such  district,   or   extending   the   boundaries    of    an   ex- 
isting district,   and  if  establishing  a  new  district,  ap- 
pointing   three    taxpayers    therein    as    sewer    commis- 
sioners, who  shall  hold  their  offices  at  the  pleasure  of 
sewer  com-  the  town  board.     Such  sewer  commissioners  shall  each 
missioners     ^e  paid  for  their  services,  at  such  times  as  the  town 
board  may  designate  in   said  order,   an  amount  to  be 
fixed  by  the  town  board,  which  amount  shall  not  ex- 
ceed three  dollars  per  day  for  each   day  actually   and 
necessarily  spent  in  the  business  of  the  sewer  district 
and    shall   be    deemed   an    expense    of    maintaining  the 
sewer  system  and  shall  be  collected  and  paid  as  pro- 
vided in   section   two  hundred  and  forty-three  of   this 
chapter  for  expense  of  maintenance.      (Amended  by  L. 
1910,  ch.   134  and  L.   1911,  ch.  507,  in  effect  June  28, 
1911.) 

L.  1911,  ch.  507,  §  2.  This  act  shall  not  affect 
any  proceeding  now  pending  under  any  sections  of 
the  town  law  amended  by  this  act  and  begun  in 
conformity  to  the  requirements  thereof  as  they 
existed  prior  to  the  taking  effect  of  this  act,  and 
such  proceedings  may  be  conducted  to  a  completion 
with  the  same  force  and  effect  as  if  said  sections 
had  not   been  hereby   amended. 

oaths  ana        §    232.  Oaths    and    undertakings    of    commissioners. 
under-  Each  commissioner  before  entering  on  the  duties  of  his 

takings     of  '  *'•■■•• 

commis-  office  shall  take  the  constitutional  oath  of  office  and 
execute  to  the  town  and  file  with  the  town  clerk  an 
official  undertaking  in  such  sum  and  with  such  sureties 
as  the  town  board  shall  direct.  The  town  board  may 
at  any  time  require  any  such  commissioner  to  file  a 
new  official  undertaking  for  such  sum  and  with  such 

Approval       sureties  as  the  board  shall  direct. 

and    filing       §  233.  Approval  and  filing  of  map  and  plan  of  sewer 

of  map  and  ,,  _,  .     .  ,    ,l 

plan  of        system.     The  sewer  commissioners  shall  cause  a  copy 
sTtem         °*  *he  maP  an(*  P*an  °*  *^e  ProPosed  sewer  system,  or 


of   sewer 
system 


Town  Law  551 

proposed  extension  thereof,  to  be  submitted  to  the 
state  board  of  health,  and  if  approved,  it  shall  be  filed 
in  its  office.  Such  map  and  plan  may  be  amended  with 
the  approval  of  the  state  board  of  health,  and  if 
amended,  it  shall  be  filed  in  the  offices  of  the  state 
board  of  health  and  of  the  town  clerk.  (Amended  by  L. 
1910,  ch.  134,  in  effect  April  21,  1910.) 

§  234.  Contracts  for  the  construction  of  sewer  system,  contracts 
The  sewer  commissioners  of  such  district  shall  adver-  struction 
tise  for  proposals  for  the  construction  of  a  sewer  sys- 
tem, or  an  extension  thereof,  according  to  such  map  and 
plan,  finally  filed,  either  under  an  entire  contract  or  in 
parts  or  sections  as  the  board  may  determine.  Such 
advertisement  shall  be  published  once  in  each  of  two 
successive  weeks  in  each  newspaper  published  in  said 
sewer  district  and  extension  thereof,  and  if  no  news- 
paper is  published  therein,  in  the  two  newspapers  pub- 
lished nearest  thereto.  The  commissioners  may  re- 
quire a  bond  or  deposit  from  each  person  submitting 
a  proposal,  to  be  not  less  than  twenty-five  per  centum 
of  the  amount  involved,  the  liability  on  such  bond  to 
accrue,  or  such  deposit  to  be  forfeited  to  the  town,  in 
case  such  person  shall  refuse  to  enter  into  a  contract  in 
accordance  with  his  proposal.  The  commissioners  may 
accept  or  reject  any  or  all  proposals,  and  when  the  con- 
tract is  let  it  shall  be  let  to  the  lowest  bidder.  No  con-  contracts 
tract  shall  be  made  by  which  a  greater  amount  shall  be  struction 
agreed  to  be  paid  than  the  maximum  amount  stated  in  °yStJ^er 
the  petition  for  the  construction  of  such  sewer,  as 
amended  by  supplemental  petition,  if  any,  including  the 
expense  of  superintendence  and  inspection  as  provided 
in  section  two  hundred  and  thirty- five.  Each  contract 
shall  be  executed  in  duplicate,  one  of  which  shall  be 
given  to  the  contractor  and  the  other  shall  be  filed  in 
the  office  of  the  town  clerk.  (Amended  by  L.  1910',  ch. 
134,  in  effect  April  21,  1910.) 


552 


The  Public  Health  Manual 


Super- 
vising 
engineer, 
inspectors 
and     at- 
torney 


§  235.  Supervising  engineer,  inspectors  and  attorney. 

The  sewer  commissioners  may  employ  an  attorney,  a 
supervising  engineer  to  superintend  and  inspect  the 
construction  of  any  sewer,  or  extension  thereof,  or 
works  connected  therewith,  and  also  such  inspectors  as 
may  be  necessary,  and  fix  the  compensation  of  such 
attorney,  engineer  and  inspectors.  Such  compensation, 
together  with  the  fees,  charges  and  expenses  of  the 
engineer  employed  to  prepare  the  map,  plan  and  speci- 
fications, and  the  cost  of  the  acknowledgments  of  the 
signatures  of  the  petitioners,  as  provided  for  in  section 
two  hundred  and  thirty  of  this  chapter,  shall  be  treated 
as  a  part  of  the  expense  of  construction.  (Amended  by 
L.  1910,  ch.  134.) 

§  236.  Acquisition  of  property  by  condemnation.  If 
sewer  commissioners  are  unable  to  agree  with  the  owners 
for  the  purchase  of  real  property  necessary  for  the 
construction  of  the  sewer  system,  they  may  acquire  the 
same  by  condemnation,  whether  it  be  necessary  to  ac- 
quire the  fee  or  an  easement  for  a  right  of  way  therein, 
and  whether  the  property  and  easements  necessary  to 
be  acquired  are  within  the  territorial  limits  of  the 
sewer  district  as  established;  said  sewer  commissioners 
may  enter  into  an  agreement  with  the  board  of  trustees 
or  other  duly  authorized  officers  of  an  adjoining  incor- 
porated village,  to  sewer  some  part  or  portion  of  such 
incorporated  village,  and  to  lay  and  maintain  pipes 
therein,  and  when  pipes  are  laid  and  maintained,  and 
sewer  system  constructed  within  the  limits  of  an  ad- 
joining incorporated  village  pursuant  to  an  agreement 
so  made,  the  sewer  commissioners  shall  have  the  same 
control  and  exercise  the  same  rights  and  privileges  in 
connection  with  the  system  constructed  within  the  limits 
of  an  incorporated  village  as  they  have  in  connection 
with  the  system  established  within  the  sewer  district  as 
laid  out.     (Amended  by  L.  1913,  ch.  73.) 


Town  Law  553 

§  237.  Apportionment  of  local  assessment  for  con- 
struction. The  sewer  commissioners  shall  prepare  and 
file  in  the  office  of  the  town  clerk  a  map  and  plan  of 
such  district,  or  extension,  which  shall  show  the  high- 
ways and  the  several  parcels  of  land  therein.  The 
commissioners  shall  report  to  the  town  board  the 
amount  of  the  cost  of  construction  of  such  sewer  sys- 
tem as  determined  under  the  foregoing  provisions  here- 
of. The  town  board  shall  direct  the  issue  and  sale  of 
bonds  for  the  amount  of  the  cost  of  construction  as  so 
reported  to  said  board  by  the  said  commissioners,  which 
said  bonds  shall  be  redeemable  in  such  equal  yearly 
instalments,  the  interest  thereon  to  be  paid  semi- 
annually, as  said  town  board  shall  prescribe,  and  shall 
be  a  town  charge.  In  the  month  of  July  in  each  year 
the  town  board  shall  notify  the  sewer  commissioners  Appor. 
of  the  amount  to  become  due  for  principal  and  interest  tionment 

.of    local 

during  the  ensuing  year  on  the  bonds  so  issued,  the  assess- 
sewer  commissioners  shall  forthwith  proceed  to  assess  ^Mtruc- 
such  amount  on  the  lands  within  such  district,  or  exten-  tion 
sion  of  an  existing  district,  in  proportion  as  nearly  as 
may  be  to  the  benefit  which  each  lot  or  parcel  will 
derive  therefrom.  After  making  such  apportionment, 
said  commissioners  shall  forthwith  serve  on  each  land 
owner  a  notice  of  at  least  ten  days  of  the  completion 
thereof  and  of  the  filing  of  such  map  and  plan,  and 
that  at  a  specified  time  and  place  a  hearing  will  be  had 
to  consider  and  review  the  same.  Such  notice  must  be 
served  upon  said  land  owners  personally  or  by  mail- 
ing the  same  to  their  last  known  respective  addresses 
or  by  publishing  the  same  once  each  week  for  two 
weeks,  in  a  newspaper  which  circulates  in  said  district, 
or  by  either  or  any  of  said  methods.  The  commis- 
sioners shall  meet  at  the  time  and  place  specified  to 
hear  objections  to  such  apportionment,  and  may  modify 
and  correct  the  same.  The  sewer  commissioners  upon 
the   completion   and   correction   of   such   apportionment 


554 


The  Public  Health  Manual 


Appeal 
from    ap- 
portion- 
ment 


Hearing 
appeal 


shall  forthwith  file  the  same  in  the  office  of  the  town 
clerk,  and  shall  give  notice  of  the  filing  of  such  com- 
pleted and  corrected  apportionment  in  the  manner  pro- 
vided for  by  section  thirty-nine  of  the  tax  law  as  to 
towns.  The  apportionment  shall  then  be  deemed  final 
and  conclusive  unless  an  appeal  is  taken  therefrom,  as 
hereinafter  provided,  within  fifteen  days  after  the  fil- 
ing thereof.  The  town  board  shall  present  to  the  board 
of  supervisors  at  its  annual  meeting,  a  statement  of 
such  apportionment  as  so  corrected  and  filed,  showing 
the  amount  due,  or  to  become  due,  for  principal  and 
interest  during  the  ensuing  year,  on  the  bonds  issued 
under  this  article;  each  lot  or  parcel  liable  to  pay  the 
same,  and  the  amount  chargeable  to  each.  The  board 
of  supervisors  shall  levy  such  sums  against  the  prop- 
erty liable,  and  shall  state  the  amount  of  the  tax  in 
a  separate  column  in  the  annual  tax-roll  under  the 
name  "  sewer  tax."  Such  tax  when,  collected  shall 
be  paid  to  the  supervisor  and  be  by  him  applied  in 
payment  of  the  bonds.  An  unpaid  assessment  shall 
be  collected  in  the  same  manner  and  shall  subject  the 
land  and  land  owner  liable  therefor,  to  the  same  in- 
terest, burdens  and  penalties,  as  other  town  taxes  in 
arrears.  (Amended  by  L.  1910,  ch.  134  and  L.  1915,  ch. 
368,  in  effect  April  26,  1915.) 

§  238.  Appeal  from  apportionment.  A  person  aggrieved 
by  an  apportionment  may,  within  fifteen  days  after 
the  filing  thereof,  appeal  therefrom  to  the  county  court 
of  the  county  in  which  such  district  is  situated.  Such 
appeal  shall  be  taken  by  a  notice  stating  the  grounds 
thereof,  served  personally  or  by  mail  upon  each  of  the 
sewer  commissioners  and  filed  with  the  town  clerk, 
of  §  239.  Hearing  of  appeal.  Either  party  may  bring 
on  the  appeal  on  a  notice  of  not  less  than  ten  nor 
more  than  twenty  days.  All  appeals  from  the  same 
apportionment  must  be  consolidated  and  heard  as  one 
appeal.     The   county   court   may   affirm   or   reverse   the 


Town  Law  555 

apportionment.  If  it  be  reversed  on  the  ground  that  it 
is  erroneous,  unequal  or  inequitable,  the  court  shall,  by 
order  of  reversal,  appoint  three  disinterested  freeholders 
of  the  district  as  commissioners  to  make  a  new  appor- 
tionment, and  no  appeal  shall  be  allowed  from  such 
order. 

§  240.  Reapportionment.    A  reapportionment  shall  be  Reappor- 
tionment 
made  in  the  following  cases: 

1.  By  the  commissioners  appointed  by  the  county 
court  where  the  original  apportionment  is  reversed  on 
the  ground  that  it  is  erroneous,  unequal  or  inequitable. 

2.  By  the  sewer  commissioners  of  the  district  where 
the  original  apportionment  is  reversed  upon  any  other 
ground.  A  reapportionment  under  this  subdivision 
shall  be  made  in  like  manner  as  the  original. 

3.  Reapportionments  shall  also  be  made  by  the  sewer 
commissioners  in  like  manner  as  original  apportion- 
ments are  made  upon  the  petition  of  the  owners  of 
real  property  in  said  district  representing  a  majority 
of  the  taxable  property  therein,  as  appears  by  t'.ie 
last  preceding  completed  assessment-roll  when  the  said 
petition  shall  state  that  the  existing  apportionments 
have  become  unequal  or  inequitable;  such  reapportion- 
ments shall  be  made  from  time  to  time,  but  not  oftener 
than  once  in  three  years.  (Amended  by  L.  1911,  ch.  2'51, 
in  effect  June  6,  1911.) 

§  241.  Procedure  by  new  commissioners.     The  com-  Procedure 

•  by  new 

missioners  appointed  by  the  county  court  shall  give  commis- 
notice  of  the  time  and  place  at  which  they  will  meet 
to  make  such  reapportionment,  and  shall  serve  notice 
thereof,  either  personally  or  by  mail,  at  least  ten  days 
before  such  meeting  upon  each  owner  of  land  within 
such  district  or  extension  of  an  existing  district,  as 
finally  fixed  by  the  board  of  sewer  commissioners.  They 
shall  meet  at  the  time  and  place  specified  and  make 
such  reapportionment  in  the  manner  herein  prescribed 
for  the  sewer  commissioners.     They  shall  file  such  re- 


556  The  Public  Health  Manual 

apportionment  in  the  office  of  the  town  clerk,  and  it 
shall  be  final  and  conclusive.     (Amended  by  L.  1910,  ch. 
134,  in  effect  April  21,  1910.) 
Fees  of  §    242.   Fees    of   commissioners.     Each   commissioner 

sfonSs8"  appointed  by  the  county  court  is  entitled  to  five  dollars 
for  each  day  necessarily  spent  in  making  such  reappor- 
tionment, besides  his  actual  necessary  expenses.  Such 
fees  and  expenses  are  a  charge  against  the  town,  and 
must  be  audited  by  the  town  board.  The  amount  thereof 
shall  be  added  to  the  portion  of  the  expense  of  con- 
structing such  sewer  or  sewer  system,  which  is  to  be 
assessed  against  property  in  such  sewer  district  or 
extension.  (Amended  by  L.  1910,  ch.  134,  in  effect  April 
21,  1910.) 

§  243.  Expense  of  maintenance,  how  raised.  After 
the  sewer  system  is  constructed  it  shall  be  maintained 
by  the  commissioners,  and  the  cost  of  such  maintenance 
shall  be  a  charge  upon  the  sewer  district.  In  July  of 
each  year,  the  sewer  commissioners  shall  present  to  the 
town  board  an  estimate  of  the  amount  of  money 
required  by  said  commissioners  to  meet  the  expenses  of 
maintaining  the  sewer  system  for  the  ensuing  year. 
The  town  board  shall  formally  pass  upon  such  estimate 
and  approve,  or  correct  and  approve,  the  same.  The 
Expense  of  sewer  commissioners  shall  thereupon  assess  the  amount 
nance"2  °^  *ne  estimate  as  so  approved,  and  corrected,  on  the 

how  raibe.1  lands  within  their  district,  in  proportion,  as  nearly  as 
may  be,  to  the  benefit  which  each  lot  or  parcel  will  de- 
rive- *thereform,  and  shall  give  the  same  notice  thereof, 
and  shall  correct  and  file  such  reapportionment  in  the 
same  manner,  and  shall  give  the  same  notice  of  the 
filing  of  such  corrected  apportionment,  as  is  provided 
for  in  section  two  hundred  and  thirty-seven  of  this 
chapter.  An  appeal  may  be  taken  from  such  corrected 
apportionment  within  the  same  time,  and  the  procedure 


*  So  in  original 


Town  Law  557 

thereupon  shall  be  the  same  as  specified  in  sections  two 
hundred  and  thirty-eight  to  two  hundred  and  forty-two, 
both  inclusive,  of  this  chapter,  except  that  the  fees  Expense  of 
of  the  commissioners  appointed  by  the  county  court  to  nance,  how 
readjust  the  apportionment  made  pursuant  to  this  sec-  raised 
tion  shall  be  a  charge  upon  the  sewer  district,  and  shall 
be  included  in  the  expenses  of  maintenance.  Whenever 
an  apportionment  is  to  be  made  to  meet  an  instalment 
of  principal  and  interest  on  the  bonds  issued  pursuant 
to  section  two  hundred  and  thirty-seven  of  this  chap- 
ter, any  proceedings  for  the  correction,  review  or  re- 
adjustment thereof  shall  be  consolidated  with  the  like 
proceedings,  if  any,  with  respect  to  the  apportionment 
made  as  provided  in  this  section.  The  town  board  shall 
present  such  estimate  to  the  board  of  supervisors  at  its 
annual  meeting,  with  a  statement  of  each  property  or 
parcel  liable  for  the  same  and  the  amount  chargeable  to 
each.  The  board  of  supervisors  shall  levy  such  sums 
against  the  property  liable  and  shall  state  the  amount 
of  tax  in  the  annual  tax  roll  under  the  name  "  sewer 
tax,"  with  the  sewer  tax  to  be  raised  for  payment  of 
bonds  as  provided  in  section  two  hundred  and  thirty- 
seven  of  this  chapter,  and  after  such  bonds  shall  have 
been  entirely  paid  in  a  similar  column  headed  "  sewer 
tax."  This  tax  for  maintenance,  when  collected,  shall 
be  paid  to  the  supervisor  of  the  town  and  by  him  paid 
to  the  sewer  commissioners  to  meet  the  expense  of 
maintenance  of  the  sewer  system.  An  unpaid  assess- 
ment under  this  section  shall  be  collected  in  the  manner 
provided  for  in  section  two  hundred  and  thirty-seven  of 
this  chapter.  The  sewer  system  as  so  constructed,  or  as 
hereafter  added  to  or  changed,  shall  be  under  the  charge 
and  control  of  the  sewer  commissioners,  under  whose 
supervision  it  shall  be  used  by  property  owners,  and  no  Permit  t0 
person  shall  enter  into,  open  or  interfere  with  or  use  connect 

r  x  .  with    sewer 

said    sewer    system    except    under    the    inspection    and 
direction  of  said  sewer  commissioners  and  after  formal 


55S 


The  Public  Health  Manual 


Annual 
statement 
of   com- 
missioners 


Sewer 
connec- 
tions 


permission  shall  have  been  given  by  said  commissioners. 
The  sewer  commissioners  shall  adopt  rules  and  regula- 
tions to  govern  the  maintenance  and  use  of  the  sewer 
system  and  shall  therein  fix  the  amount  of  fees  that 
shall  be  chargeable  to  individuals  or  property  owners 
who  may  wish  to  enter  or  use  the  sewer  system,  which 
fees  shall  be  sufficient  in  amount  to  pay  for  the  cost  of 
inspection  of  such  entry  or  entries.  Any  person  violat- 
ing any  provisions  hereof  and  interfering  with,  entering 
or  using  said  sewer  system  without  obtaining  such  per- 
mission shall  be  guilty  of  a  misdemeanor  and  liable  to 
punishment  accordingly.  (Amended  by  L.  1910,  ch.  134, 
in  effect  April  21,  1910.) 

§  244.  Annual  statement  of  commissioners.  The  sewer 
commissioners  shall  in  the  month  of  December  in  each 
year  file  in  the  office  of  the  town  clerk  a  detailed  state- 
ment, under  oath,  of  the  moneys  received  and  paid  by 
them  since  their  last  statement  under  the  provisions 
of  this  chapter,  together  with  the  names  of  the  persons 
or  parties  from  whom  the  same  were  received  and  to 
whom  the  same  were  paid,  and  the  object  of  each 
payment,  with  the  vouchers  therefor.  Such  statement 
shall  show  the  balance  remaining  in  their  hands,  which 
balance  shall  be  applied  to  maintenance  account  for  the 
following  year.  (Amended  by  L.  1910,  ch.  134,  in  effect 
April  21,  1910.) 

§  245.  Sewer  connections.  The  board  of  sewer  com- 
missioners shall  cause  a  notice  to  be  published  in  every 
newspaper  published  in  the  town  or  towns  in  which  the 
sewer  district  is  located,  and  posted  in  at  least  twenty 
conspicuous  public  places  in  the  district,  requiring  the 
owners  or  occupants  of  all  property  fronting  or  abutting 
on  any  street  or  portion  thereof  in  the  town  in  which  any 
public  sewer  is  about  to  be  laid  or  is  being  laid  or  has 
been  laid  by  such  board  to  make  and  lay  connection  pipes 
to  and  from  the  sewer  mains  in  such  street  or  any  portion 
thereof  in  front  of  each  separate  piece  of  property,  and 


Town  Law  559 

where  directed  by  such  board  within  such  time  and  in 
such  manner  and  under  such  inspection  as  such  board 
shall  prescribe;  and  whenever  any  such  owner  or  occu- 
pant shall  have  made  default  in  making  such  connection 
with  such  sewer  mains  opposite  the  lands  and  premises 
owned  or  occupied  by  him  as  directed  in  and  required 
by  such  printed  notice  therefor,  in  the  manner  and 
within  the  time  specified,  such  board  shall  have  power 
and  authority  to  so  make,  extend  and  complete  the  same 
to  the  property  line  of  the  lands  and  premises  so  owned 
or  occupied  opposite  thereto  and  in  front  thereof,  and 
to  connect  the  same  with  any  existing  pipes  in  front 
thereof;  and  the  actual  expense  thereof,  including  all 
labor  done  and  materials  used  in  doing  and  completing 
the  same,  shall  be  assessed  by  the  board  upon  each  sepa- 
rate piece  of  property  opposite  which  the  same  shall  be 
done  and  completed  and  shall  be  a  lien  and  liens  on 
such  premises  and  lots  of  land  respectively,  and  the 
same  shall  be  collected  in  the  same  manner  as  other 
assessments  under  this  article,  and  when  so  collected, 
the  amount  thereof  shall  be  paid  to  the  sewer  commis- 
sioners to  meet  the  expense  or  maintenance  of  the  sewer 
system.  (Added  by  L.  1913,  ch.  421,  in  effect  April 
30,  1913.) 

§  246.  Constructing  laterals  in  such  districts.     The  construct- 
board  of  sewer  commissioners  may  in  any  town  where  laterals 
a   sewer  district  has  been  laid  out  and  established  as  in  sewer 

district 

hereinbefore  set  forth,  construct  one  or  more  laterals 
upon  one  or  more  streets  within  the  sewer  district  as 
established,  from  time  to  time,  entirely  at  the  expense 
of  the  owners  of  the  land  fronting  on  said  street,  streets 
or  portions  thereof  whereupon  said  lateral  or  laterals 
are  constructed  provided  a  petition  therefor  be  presented 
to  the  board  of  sewer  commissioners  signed  by  at  least  a 
majority  of  the  resident  owners  of  real  property  fronting 
on  said  street,  streets  or  portions  thereof  whereupon  it 
is  proposed  to  lay  and  construct  said  lateral  or  laterals. 


560 


The  Public  Health  Manual 


The  board  of  sewer  commissioners  shall  upon  the  re- 
ceipt of  a  petition  as  aforesaid  give  a  public  hearing 
thereon  to  all  persons  interested  on  a  notice  of  at  least 
ten  days,  which  notice  shall  specify  the  time  and  place 
said  hearing  shall  be  held  and  shall  be  served  upon 
the  owners  of  the  land  fronting  upon  said  street,  streets 
or  portions  thereof  set  forth  and  described  in  said  peti- 
tion by  mailing  the  same  to  their  last  known  respective 
addresses  or  by  publishing  the  same  once  each  week  for 
two  weeks  in  a  newspaper  which  circulates  in  said 
district,  or  by  either  or  any  of  said  methods.  If  the 
board  of  sewer  commissioners  shall  act  favorably  upon 
said  petition,  they  shall  by  resolution  direct  that  suit- 
able plans  be  prepared,  showing  the  location  of  such 
lateral  or  laterals  and  such  street,  streets  or  portions 
thereof  it  is  proposed  to  sewer  thereby,  giving  the 
dimensions  of  the  pipes  proposed  to  be  laid,  the  loca- 
tion of  the  manholes  and  flush  tanks,  and  showing  where 
the  same  are  to  be  connected  with  the  sewer  system 
within  said  district,  and  if  there  be  a  lateral  or  por- 
tion thereof  upon  such  street,  streets  or  portions,  said 
commissioners  are  hereby  given  power  and  authority  to 
repair  or  enlarge  the  same  so  as  to  conform  as  near 
as  possible  with  the  lateral  to  be  constructed.  (Added 
by  L.    1913,  ch.    72;    amended    1916,   ch.    593.) 

§  247.  Contracts  for  construction  of  laterals.  The 
board  of  sewer  commissioners  may  employ  a  suitable 
of  laterals  engineer  to  make  a  survey  and  prepare  the  plans  re- 
ferred to  in  section  two  hundred  forty-six,  and  after 
the  same  has  been  prepared  and  adopted  by  the  board 
of  sewer  commissioners  they  may  cause  specifications  to 
be  made,  and  to  advertise  for  bids  to  construct  such 
lateral,  laterals  or  portions  thereof  referred  to  in  such 
petition,  and  to  do  all  things  necessary  in  connection 
therewith,  and  to  award  a  contract  for  the  construction 
thereof  to  the  lowest  bidder,  or  they  may  reject  any 
and  all  bids  and  readvertise.  (Added  by  L.  1913,  ch. 
72,  in  effect  March  11,  1913.) 


Contracts 
for    con- 
struction 


Towisr  Law  561 

§  248.  Improvements;  how  paid  for.  After  the  board  improve- 
of  sewer  commissioners  have  received  the  bids,  they  must  {^  s 
ascertain  the  total  cost  of  constructing  said  laterals  in-  paid  for 
eluding  the  fees  of  the  engineers  and  inspectors.  They 
shall  then  report  to  the  town  board  of  the  town  wherein 
said  sewer  system  is  located,  to  which  report  there  shall 
be  attached  a  copy  of  the  plans  and  specifications  for 
such  improvement  and  tabulated  statement  of  the  bids 
received,  showing  the  lowest  bid  and  the  estimated  cost 
of  the  improvement  as  determined  by  the  sewer  com- 
missioners, which  shall  be  filed  in  the  office  of  the  clerk 
of  said  town,  and  the  town  board  shall  direct  the  issue 
and  sale  of  bonds  for  the  aggregate  amount  of  the  cost 
of  said  improvement  as  provided  in  section  two  hun- 
dred and  forty-three  of  this  act,  and  the  principal  and 
interest  on  said  bonds  shall  be  apportioned  upon  the 
property  fronting  upon  said  street,  streets  or  portion 
thereof  referred  to  and  mentioned  in  said  petition  in 
the  same  manner  as  the  original  cost  of  constructing 
the  sewer  system  is  directed  to  be  apportioned  upon 
the  property  within  the  district,  and  the  sewer  com- 
missioners shall  have  the  same  control  and  make  the 
same  rules  and  regulations  in  connection  with  the 
lateral,  laterals  or  portions  thereof  so  constructed  as 
they  may  enforce  from  time  to  time  in  reference  to  the 
sewer  system  within  said  district,  and  the  cost  of  main- 
taining the  same  shall  become  a  part  of  maintaining 
the  entire  sewer  system  and  be  apportioned  in  the  same 
manner.  After  the  money  is  obtained  for  the  construc- 
tion of  said  lateral,  laterals  or  portions  thereof,  the 
commissioners  shall  then  enter  into  a  contract  for  the 
construction  of  the  same,  which  contract  shall  be  en- 
tered into  the  same  manner  as  the  contract  referred 
to  in  reference  to  the  construction  of  the  entire  system. 
(Added  by  L.  1913,  ch.  72,  in  effect  March  11,  1913.) 

§  320.  Collection    and    disposition    of    garbage    and 
ashes.        Within   any  town  having  over  five  thousand 


562 


The  Public  Health  Manual 


Collection 
and    dis- 
position    of 
garbage 
and    ashes 


Collection 
of  ashes 
and    dis- 
position 
garbage 
certain 
towns 


of 


inhabitants  or  within  any  town  adjoining  a  city  of  the 
first  class,  or  within  any  district  in  any  such  town 
established  by  the  town  board  of  such  town,  it  shall 
be  lawful  for  the  town  board  of  such  town  to  provide 
for  the  collection  of  and  to  cause  to  be  consumed  by 
fire  or  heat  or  disposed  of  in  such  other  manner  as  the 
town  board  may  determine,  and  to  prohibit  the 
throwing,  casting  or  deposit  in  any  body  or  stream  of 
water,  or  upon  any  ash  heap  or  other  place  than  such 
as  may  be  provided  by  them  within  such  town  or 
district,  any  animal  or  vegetable  refuse,  dead  animal, 
carrion,  offal,  swill  or  garbage.  And  it  shall  be  lawful 
for  the  town  board  of  any  such  town,  to  contract  for 
the  collection  and  for  the  consumption  by  heat  or  fire 
or  for  the  disposition  in  such  other  manner  as  the  town 
board  may  determine  of  any  such  refuse  or  other 
aforesaid  matter,  or  for  the  purchase,  maintenance  and 
operation  of  any  appliances  for  the  collection  and 
disposition  thereof.  Such  town  board  may  also  provide 
for  the  collection  and  disposition  of  ashes  and  may 
contract  for  such  collection  and  disposition,  or  for  the 
purchase,  maintenance  and  operation  of  any  appliances 
for  the  collection  and  disposition  thereof.  ( Amended  by 
L.  1917,  ch.  55,  and  L.  1918,  ch.  432,  in  effect  May  2, 
1918.) 

§  477-a.  Collection  of  ashes  and  disposition  of  gar- 
bage in  certain  towns.  The  said  board,  upon  a  petition 
of  the  owners  of  the  real  estate  in  said  town,  or  the 
owners  of  the  real  estate  in  the  part  of  said  town  in 
such  petition  described,  may  contract  with  persons  or 
corporations  for  the  collection  and  disposition  of  all 
ashes,  refuse  or  other  indestructible  matter,  swill  or 
garbage,  in  said  town  or  in  the  part  thereof  described 
in  such  petition,  but  the  expense  thereof  shall  be 
assessed  upon  and  collected  from  the  several  lots  or 
parcels  of  land  described  in  such  petition.  No  such 
petition  shall  be  of  any  force  or  effect,  nor  shall  such 


Vaccination  563 

petition  be  acted  upon  by  such,  board,  unless  the  same 
shall  be  signed  by  the  resident  owners  representing 
not  less  than  one-half  of  the  taxable  real  estate  situ- 
ated in  the  district  described  in  such  petition.  (Added 
by  L.    1916,   ch.   91,  in   effect  March   30,   1916.) 

TUBERCULOSIS 

Powers  of  local  officers  and  duties  of  physicians. 
Public  Health  Law,  §§  320-332  (p.  213).  Consents 
requisite  to  establishment  of  hospitals  and  camps,  in 
towns..  Public  Health  Law,  §  319  (p.  211).  Hos- 
pitals in  cities  of  first  class.  General  City  Law, 
§§  140-142  (p.  459).  State  Hospital  for  Incipient. 
State  Charities  Law,  f§  160-163  (p.  537).  County 
hospitals  for.  County  Law,  §§  45-49e  (p.  406). 
Report  of  apparent  cases.  Sanitary  Code.  Chap.  II, 
Reg.  42-a  (p.  325).  Duties  of  physicians  and  others. 
Sanitary  Code,  Chap.  II,  Reg.  42  (p.  325).  Register 
of  cases.  Public  Health  Law,  §  322  (p.  215),  and 
Sanitary  Code,  Chap.  VII,  Reg.  8  (p.  358).  Records 
produced  upon  subpoena.  iS&nitary  Code,  Chap.  VII, 
Reg.  14  (p.  360).  Boarding  houses  receiving  cases. 
Sanitary  Code,  Chap.  VIII,  Regs.  4-6  (p.  361).  Cattle 
affected  with.    Agricultural  Law,  Art.  V   (p.  3781). 

UNDERTAKERS 

Practice  of  embalming.  Public  Health  Law,  §§  290- 
299  (p.  181).  Duties  of.  Public  Health  Law,  §§  377- 
381  (pp.  256,  258).  Registration.  Public  Health  Law, 
§  385  ( p.  262 ) .  Alleged  practice  of  embalming. 
Penal  Law,  §  1763  (p.  524).  Duties  of.  Sanitary 
Code,  Chap.  II,  Reg.  52   (p.  331). 

VACCINATION 

Local  board  of  health  to  provide.  Public  Health 
Law,  §  25  (p.  39).  Of  school  children.  Public 
Health    Law,    §    310    (p.    19'9).      How  made;    reports. 


564  The  Public  Health  Manual 

Public  Health  Law,  %  311  (p.  200).  At  public  ex- 
pense, by  local  board  of  health.  Sanitary  Code,  Chap. 
II,  Reg.  31   (p.  319). 

VENEREAL  DISEASES 

Bureau  of,  State  Department  of  Health.  L.  1918, 
chap.  342  (p.  301).  Regulation  of.  Public  Health 
Law,  §§  343-m-343-t  (p.  238).  Laboratory  exami- 
nation. Public  Health  Law,  §25  (p.  38).  Sanitary 
Code,  Chap.  II,  Reg.  2-a  (p.  306).  Declared  com- 
municable. Sanitary  Code,  Chap.  II,  Reg.  1  (p.  305). 
Instruction  of  persons  affected  with.  Sanitary  Code, 
Chap.  II,  Reg  29-a  (p.  317).  Records  confidential. 
Sanitary  Code,  Chap.  II,  Reg.  29-b  (p.  317).  Occu- 
pations forbidden.  Sanitary  Code,  Chap.  II,  Reg.  29-c 
(p.  317).  Reporting  persons  violating  laws  and 
regulations.  Sanitary  Code,  Chap.  II,  Reg.  29-d 
(p.  318).  Duties  of  physicians  and  others.  Sanitary 
Code,  Chap.  II,  Reg.  29-e  (p.  318).  Persons  affected 
with,  not  to  act  as  barbers.  Sanitary  Code,  Chap.  VII, 
Reg.  4  ( p.  356 ) .  Manicures  and  chiropodists,  cus- 
tomers affected  with.  (Sanitary  Code,  Chap.  VII,  Reg. 
5  ( p.  357 ) .  Advertisements  relating  to  treatment. 
Penal  Law,  §  1142-a  (p.  515).  Statement  required  for 
marriage  license.  Domestic  Relations  Law,  §  15  (p. 
432).  Suppression  of  certain  nuisances  (houses  of 
prostitution).  (Public  Health  Law,  §§  343-a-343-i  (p. 
234 ) .  Permitting  use  'of  building  for  nuisance.  Penal 
Law,  §  1533  (p.  518). 

VENTILATION 

Institutions  for  children.  Public  Health  Law,  §  315 
(p.  205).  Mercantile  establishments.  Labor  Law, 
§  168-f .  Factories.  Labor  Law,  §  86.  Tenement  houses. 
Tenement  House  Law,  Art.  IV.  Boarding  houses,  re- 
ceiving children.  Sanitary  Code,  Chap.  VIII,  Reg.  2 
(p.  361).  Hotels.  Public  Health  Law,  §  354  (p.  248). 
School  buildings.     Education  Law,  §  451   ( p.  440 ) . 


Village  Law  ■  565 


VETERINARY  SURGEONS 

Practice  of.  Public  Health  Law,  §§  210-224  (p. 
134).  Misconduct  of.  Penal  Law,  §  1762  (p.  524). 
Approved,  in  employ  of  commissioner  of  agriculture. 
Agricultural  Law,  Art.  V   (p.  37'9). 

VILLAGE  LAW 

(L.   1909,  eh.  64,  const,  ch.  64  of  Cons.  Laws) 
ARTICLE  III 
§  43.  List  of  village  officers;  mode  of  choosing;  official  village 

o  ffi.  c  g  rs 

year;  terms  of  office.  Every  village  shall  have  a 
president,  not  less  than  two  trustees,  a  treasurer,  a 
clerk  and  a  street  commissioner.  Except  as  herein 
provided,  every  village  shall  also  have  a  collector,  but 
a  village  of  the  first  class  may,  upon  the  adoption  of 
a  proposition  therefor  at  a  special  election  and  a  vil- 
lage of  the  second  class  may,  upon  the  adoption  of  a 
proposition  therefor  at  an  annual  or  special  election, 
determine  that  no  collector  shall  thereafter  be  elected 
therein.  A  village  of  the  first  or  second  class  may 
also  have  a  deputy  clerk,  and  any  village  may  have 
a  village  engineer. 

There  shall  be  a  board  of  health  in  each  village, 
consisting  of  the  board  of  trustees  of  such  village. 
The  president,  trustees,  treasurer,  collector,  police  jus- 
tice and  assessors  shall  be  elective  officers,  except  that 
in  a  village  of  the  first  or  second  class  the  treasurer 
may  be  appointed,  upon  the  adoption  of  a  proposition 
therefor  at  a  village  election.  All  other  village  offi- 
cers shall  be  appointed  by  the  board  of  trustees,  except 
as  otherwise  provided  herein. 

In  all  villages  the  offices  of  clerk  and  street  commis- 
sioner may  be  elective,  upon  the  adoption  of  a  propo- 
sition therefor  at  a  village  election,  and  after  the 
adoption  of  such  a  proposition,  a  proposition  may  be 


566  •  The  Public  Health  Manual 

submitted  for  the  appointment  of  such  officers,  at  any 
subsequent  village  election.  After  a  proposition  has 
been  adopted  changing  the  method  of  filling  such 
offices,  another  proposition  changing  such  method  shall 
not  be  submitted  until  after  a  period  of  two  years 
from  the  adoption  of   such  prior   proposition. 

An  "  official  year  "  begins  at  noon  on  the  first  Mon- 
day after  the  third  Tuesday  of  March,  and  ends  at 
noon  on  the  same  Monday  in  the  next  calendar  year. 
The  term  of  office  of  the  president,  treasurer,  collector, 
clerk,  street  commissioner  and  inspectors  of  election 
shall  be  one  official  year;  of  each  trustee  elected  for  a 
full  term,  two  official  years,  and  of  a  police  justice, 
four  calendar  years.  The  term  of  each  village  officer, 
except  police  justice,  begins  at  noon  on  the  first  Mon- 
day after  the  annual  election.  A  full  term  of  the 
police  justice  begins  on  the  first  day  of  January  suc- 
ceeding the  annual  election  at  which  he  was  elected. 
After  the  first  election  in  a  village  subject  to  the  pro- 
visions of  this  chapter  one-half  of  the  trustees  shall 
be  elected  each  year  for  a  full  term.  (Amended  by  L. 
1915,   ch.   323,   in  effect  April   17,   1915.) 

ARTICLE  IV 

Meetings  §  87.  Meetings  of  the  board  of  trustees.     The  presi- 

of  iuSees  °-ent  ano-  tne  trustees  of  a  village  shall  constitute  the 
board  of  trustees  thereof.  The  board  shall  meet  at  seven 
o'clock  in  the  afternoon  on  the  Monday  following  the 
annual  election,  and  such  meeting  is  known  as  the 
annual  meeting  of  the  board.  The  board  shall  hold 
other  regular  meetings  at  such  times  and  places  in  the 
village  as  it  shall,  by  resolution,  provide.  Special 
meetings  may  be  called  by  the  president  or  by  any 
two  trustees,  by  causing  a  written  notice,  specifying 
the  time  and  place  thereof,  to  be  served  upon  each 
member  of  the  board,  personally,  at  least  one  hour, 
or  by  leaving  a  notice  at  his  residence  or  place  of  busi- 


Village  Law  567 

ness  with  some  person  of  suitable  age  and  discretion, 
at  least  twenty-four  hours  before  the  time  of  meeting. 
§  89.  General  powers  of  the  board- of  trustees.     The 
board  of  trustees  of  a  village: 

********* 

25.  Disposition  of  garbage  and  ashes,     a.  May  pro-  Disposi- 
tion of 
vide  for  the  removal  from  the  buildings  in  said  village  garbage 

and  for  the  disposition  of  swill,  garbage,  ashes  and  and  ashes 
rubbish  of  said  buildings,  or  for  the  removal  and  dis- 
position of  the  swill  and  garbage  alone,  or  the  ashes 
alone,  either  directly  through  the  employees  of  said 
village  or  by  contracting  with  other  persons  or  with 
the  town  in  which  such  village  is  located,  provided, 
however,  that  authority  shall  be  first  obtained  therefor 
by  a  proposition  adopted  at  a  village  election,  which 
proposition  shall  state  the  maximum  amount  to  be 
expended  for  such  purpose  or  purposes  in  any  one  year. 

b.  Upon  the  adoption  of  a  proposition  therefor  at  a 
village  election,  may  establish  or  construct  a  plant  for 
the  disposal  of  swill,  garbage,  rubbish  and  ashes,  or 
any  of  them,  and  may  purchase  or  lease  real  property 
therefor  and  vehicles  or  other  appurtenances  to  be  used 
in  connection  therewith.  Such  proposition  shall  state 
the  estimated  maximum  and  minimum  cost  thereof. 
Upon  the  acquisition  of  such  plant,  may,  without  the 
adoption  of  any  proposition  as  to  the  amount  to  be 
expended  therefor  in  any  one  year,  operate  the  same 
and  collect  and  dispose  of  swill,  garbage  and  rubbish, 
either  directly  through  the  employees  of  said  village 
or  by  contracting  with  other  persons  or  with  the  town 
in  which  such  village  is  located  for  a  period  not  ex- 
ceeding five  years.  (Amended  by  L.  1916,  ch.  114,  and  L. 
1918,  ch.  385,  in  effect  April  30,  1918.) 

§  90.  Village  ordinances.  The  board  of  trustees  has 
power  to  enact,  amend  and  repeal  ordinances  for  the 
following  purposes: 


568  The  Public  Health  Manual 


Keeping  of  29.  Keeping  of  swine.  To  regulate  or  prohibit  the 
keeping  of  swine  within  the  village  limits.  (Added  by 
L.  1916.  ch.  199,  in  effect  April  12,  1916.) 

Keeping  of  30.  Keeping  of  calves.  To  regulate  the  keeping  of 
calves  within  the  village  limits.  (Added  by  L.  1917, 
ch.  213,  in  effect  April  19,  1917.) 

Building  §  90-a.  Building  and  sanitary   codes.     The  board  of 

tary  codes  trustees  of  any  village,  whether  organized  under 
a  general  or  special  act,  may,  by  a  majority 
vote  of  all  of  said  board  at  a  meeting  thereof  duly 
held,  taken  and  recorded  by  calling  the  ayes  and  noes 
adopt  an  ordinance  to  be  known  as  the  building  code, 
which  shall  provide  therein  rules  and  regulations  for 
the  construction,  alteration,  removal  and  inspection  of 
all  buildings  or  structures  erected  or  to  be  erected 
within  the  limits  of  the  village,  providing  therein  and 
regulating  thereby  the  plans  and  means  of  all  such 
construction,  alteration  or  removal  of  all  of  such  build- 
ings and  structures.  The  board  of  trustees  of  any  vil- 
lage of  the  first  class  or  of -any  village  in  a  county  of 
less  than  one  hundred  and  fifty  thousand  population, 
which  adjoins  a  city  of  the  first  class  by  a  majority 
vote  of  all  of  said  board,  at  a  meeting  thereof  duly  held, 
taken  and  recorded  by  calling  the  ayes  and  noes,  may 
also  adopt  an  ordinance  to  be  known  as  the  sanitary 
code,  which  shall  provide  therein  rules  and  regulations 
for  the  construction,  alteration,  removal  and  inspec- 
tion of  all  plumbing  and  drainage  systems  in  build- 
ings now  erected  or  to  be  erected  upon  property 
within  the  limits  of  the  village,  providing  therein  and 
regulating  thereby  all  such  construction,  alteration  or 
removal  of  all  such  plumbing  and  drainage,  and  the 
licensing  of  plumbers  to  do  such  work.  The  board  of 
trustees  shall  have  authority  to  provide  penalties  or 
punishments  for  disobedience  to  any  such  ordinances  in 
the  manner  prescribed  by  section  ninety-three  of  this 
chapter  and  may  appoint  and  remove   such  inspectors 


Village  Law  569 

and  examiners  as  may  be  required  to  properly  execute 
the  provisions  of  said  ordinances,  and  shall  possess 
authority  to  alter  and  amend  said  ordinances  from  time 
to  time  and  to  issue  licenses  to  plumbers  and  builders 
by  a  like  vote.  Nothing  herein  contained  shall  impair 
any  other  power  conferred  by  law  upon  a  board  of 
trustees  in  relation  to  the  same  or  kindred  matters. 
(Added  by  L.  1910,  ch.  202,  and  amended  by  L.  1915,  ch. 
36,  and  L.  1916,  ch.  397.) 

§  91.  Licensing   occupations.     The  board   of  trustees  Licensing 
of   a  village  may,  by   ordinance,   prohibit  the  pursuit  °?cupa- 
or  exercise  without  a  license  of  any  of  the  following 
trades  or  occupations  within  the  village,  to  wit: 

1.  The  running  of  public  carriages,  cabs,  hacks,  carts, 
drays,  express  wagons,  or  other  vehicles  for  the  trans- 
portation within  the  village,  for  hire,  of  persons  or 
property,  soliciting  or  running  therefor,  or  for  hotels, 
auctioneering,  hawking  and  peddling,  except  the  ped- 
dling of  meats,  fish,  fruit  and  farm  produce. 


ARTICLE  V 

§  128.  Borrowing  money  generally.  If  authorized 
by  a  proposition  adopted  at  an  election,  money  may 
be  borrowed  by  a  village  upon  its  bonds  or  other  obli- 
gations, payable  in  future  fiscal  years.  Such  proposi- 
tion shall  specify  the  amount  to  be  borrowed,  the  pur- 
pose to  which  the  same  shall  be  applied,  and  shall 
state,  within  the  limitations  prescribed  by  section  one 
hundred  and  twenty-nine  of  this  chapter,  the  time  or 
times  when  such  bonds  or  obligations  shall  become  due; 
which  proposition  shall  be  printed  in  full  upon  the 
ballot  or  ballot  label,  to  be  voted  at  such  election.  No 
money  shall  be  so  borrowed  except  for  the  purpose  of 
purchasing,  constructing  and  maintaining  the  following 
village  improvements. 


570  The  Public  Health  Manual 

6.  Waterworks. 


**#*■!{• 


8.  Sewerage. 

14.  Plants  for  the  disposal  of  swill,  garbage,  ashes 
and  rubbish,  or  any  of  them,  or  vehicles  or  other  appur- 
tenances to  be  used  in  connection  therewith.  (Subd. 
added  by  L.  1917,  ch.  27,  in  effect  March  1,  1917.  Sec- 
tion amended  by  L.  1910,  ch.  4,  and  L.  1911,  chs.  57 
and  738.) 

ARTICLE  XI 
Sewers 

Section  260.  Establishment  of  sewer  system. 

261.  Construction  of  sewer   at  expense  of  vil- 

lage. 

262.  Eeimbursement  for  sewers   constructed  at 

263.  Construction  of  sewer  at  joint  expense  of 

village  and  of  property  benefited. 

264.  Construction  of  sewers  wholly  at  expense 

of  property  benefited. 

265.  Acquisition  of  property  by  condemnation. 

266.  Contracts    for   construction   of    system. 

267.  Supervising   engineer;    inspectors. 

268.  Apportionment    of    local    assessment. 
26*9.  Appeal   from   apportionment. 

270.  Hearing  of  appeal. 

271.  Keapportionment. 

272.  Procedure  by  new   commissioners. 

273.  Fees  of  commissioners. 

274.  Expense   of    construction;    how   raised. 

275.  Tax   for   unpaid    assessments. 

276.  Contracts  with  other  municipalities,  sewer 

districts,  et  cetera. 

277.  Annual  report  of  sewer  commissioners. 

278.  Sewer  connections. 


Village  Law  571 

§  260.  Establishment  of  sewer  system.    The  board  of  Establish- 
sewer  commissioners  of  a  village  may  establish,  extend  sewer 
and  maintain  a  sewer  system  therein.     Before  taking  system 
any  proceedings  for  the  construction  of  any  sewer,  the 
board,  at  the  expense  of  the  village,  shall,  unless  such 
map    and    plan    have    already   been    officially    approved 
by   the   state    commissioner   of   health   and   copies   filed 
in  the  state  department  of  health  and  in  the  office  of 
the  village  clerk,  cause  a  map  and  plan  of  a  permanent 
sewer  system  for  such  village  to  be  made,  with  specifi- 
cations of  dimensions,  connections  and  outlets  of  sewage 
disposal  works.    It  may  also  include  any  existing  sewer 
in   the   village,   which    on   examination   by   the   village 
engineer   shall  be  found  feasible  and  proper  to  incor- 
porate or  include  in  the  proposed  system.     Such  map 
and  plan   shall   be   comprehensive   and   shall   cover   all 
portions  of  the  village,  but  the  village  may  construct 
the  whole  of  the  said  system  or  may  temporarily  omit 
any  portions  thereof  until  such  portions  may  be  neces-  Sewer 
sary,  subject  to  the  approval  of  such  omission  by  the 
state   commissioner   of  health   as   hereinafter  provided. 
Such   map   and   plan   shall   be   submitted   to   the   state 
commissioner  of  health  for  his  approval,  and  if  approved 
shall  be  filed  in  his  office.     A  copy  thereof  shall  also  be 
filed  in  the  office  of  the  village  clerk.     The  map  and  submis- 
plan  may  be  amended,  with  the  approval  of  the  state  ^ap"   and 
commissioner  of  health,  and  when  so  amended  and  ap-  Pla°   t0 

'  .  state    corn- 

proved  shall  be  filed  in  the  same  offices  as  the  original,  missioner 

No  work  of  any  kind  shall  be  done  on  or  for  the  con-  °*r  ap_ 
struction,  extension,  reconstruction,  removal  or  modifica-  provai 
tion  of  any  system  of  sewers  or  of  any  sewer  thereof 
until  a  map  and  plan  covering  the  entire  system  shall 
first  have  been  duly  approved  and  filed  as  above  pro- 
vided, and  in  the  execution  of  the  construction,  exten- 
sion, reconstruction,  removal  or  modification  of  any  sys- 
tem of  sewers  or  of  any  sewer  thereof  no  deviations 
from  the  plans  as  finally  approved  and  filed  shall  be 


572 


The  Public  Health  Manual 


Certifica- 
tion   to 
state  com- 
missioner 
of   health 
if    portions 
of   sewers 
and    sewage 
disposal 
works  are 
to    be 
tempo- 
rarily 
omitted 


Construc- 
tion  at 
expense   of 
village 


Reim- 
bursement 
for    sew- 
ers   con- 
structed  at 
private 
expense 


Construc- 
tion  of 
sewer  at 
joint   ex- 
pense  of 
village    and 
property 
benefited 


made  until  plans  or  descriptions  adequately  showing 
such  deviations  are  first  approved  and  filed  as  above 
provided.  Whenever  the  board  of  sewer  commissioners 
of  the  village  shall  deem  it  desirable  to  the  interests  of 
the  village  that  a  portion  of  the  permanent  general 
system  of  sewers  and  sewage  disposal  thereof  may  be 
temporarily  omitted  or  deferred,  it  shall  certify  that 
fact  in  writing  to  the  state  commissioner  of  health, 
designating  by  a  map  or  otherwise  the  portions  of  the 
system  to  be  omitted,  or  the  portion  not  to  be  omitted, 
and  on  receipt  of  the  same  the  state  commissioner  of 
health  may  approve  of  such  temporary  omission  and 
shall  certify  his  determination  to  the  board  of  sewer 
commissioners  of  the  village. 

§  261.  Construction  of  a  sewer  at  expense  of  village. 
Upon  the  adoption  of  a  proposition  therefor  the  whole 
or  any  part  of  the  sewer  system  may  be  constructed 
at  the  expense  of  the  village.  The  proposition  shall 
describe  the  portion  of  the  system  proposed  to  be  so 
constructed,  and  shall  also  contain  a  statement  of  the 
estimated  maximum  and  minimum  cost  thereof. 

§  262.  Reimbursement  for  sewers  constructed  at  pri- 
vate expense.  If  the  whole  of  the  sewer  system  be 
constructed  at  the  expense  of  the  village  and  a  sewer 
theretofore  constructed  wholly  or  partly  at  private  ex- 
pense be  included  in  the  map  or  plan  of  the  system, 
the  owners  of  the  property  upon  which  such  expense 
was  assessed  shall  be  entitled  to  reimbursement  there- 
for. Claims  for  such  reimbursement  may  be  presented 
to  and  audited  by  the  board  of  sewer  commissioners, 
and  the  amounts  allowed  shall  be  paid  in  the  same 
manner  as  other  expenditures  for  the  sewer  system. 

§  263.  Construction  of  sewer  at  joint  expense  of  vil- 
lage and  of  property  benefited.  Upon  the  adoption  of  a 
proposition  therefor,  the  whole  or  any  part  of  the  sewer 
system  may  be  constructed  at  the  joint  expense  of  the 


Village  Law  573 

village  and  of  the  property  benefited.  The  proposition 
shall  describe  the  portion  of  the  system  proposed  to 
be  so  constructed,  shall  contain  a  statement  of  the 
estimated  maximum  and  *mimimum  cost  thereof,  and 
also  of  the  proportion  of  the  expense  to  be  assessed  upon 
the  village  at  large,  and  the  aggregate  proportion  to 
be  assessed  upon  the  property  benefited.  If  the  proposi- 
tion be  adopted  such  aggregate  proportion  shall  be 
equitably  adjusted  with  reference  to  the  benefits  to  be 
derived  therefrom. 

§  264.  Construction  of  sewers  wholly  at  expense  of  c°nstr«c- 

*  tion   of 

property  benefited.     The   owners   of   two-thirds   of  the  sewers 
entire   frontage   of  the   portion   of   a   street   or   streets  Expense  Eof 
in  which   a   sewer   is   proposed  to  be   constructed   may  property 

,     j  *,        ,  -,        -  .      .  benefited 

present  to  the  board  of  sewer  commissioners  a  peti- 
tion for  the  construction  of  such  a  sewer.  The  board 
shall  cause  a  notice  of  at  least  ten  days  to  be  given 
to  each  person  owning  land  fronting  on  such  portion 
of  such  street  or  streets,  of  a  time  and  place  where 
it  will  meet  and  hear  persons  interested  in  the  con- 
struction of  such  sewer.  After  such  hearing  the  board 
may  grant  the  petition  in  whole  or  in  part,  and  shall 
construct  a  sewer  as  ordered,  and  assess  the  entire  ex- 
pense thereof  upon  the  property  benefited.  Where  such 
petition  is  for  the  construction  of  a  sewer  through 
different  streets,  such  sewer  shall  be  deemed  one  sewer, 
and  such  streets,  one  continuous  street  for  the  purposes 
of  this  section.  A  petition  under  this  section  may 
limit  the  maximum  amount  of  the  expense  to  be  in- 
curred in  the  construction  of  such  sewer. 

§  265.  Acquisition  of  property  by  condemnation.     If  Acquisi- 
the  board   of   sewer   commissioners   is  unable  to   agree  property  by 
with  the  owner  for  the  purchase  of  real  propertv  neces-  condem- 

*        n  ,  ,       nation 

sary  for  the  sewer  system,  it  may  acquire  the  same  by 
condemnation. 


*  So  in  original 


574 


The  Public  Health  Manual 


Contracts 
for  con- 
struction 
of     system 


Super- 
vising 
engineer ; 
inspectors 


Appor- 
tionment 
of    local 
assessment 


§    266.  Contracts   for   construction   of   system.     The 
board   of  sewer   commissioners   of   a  village   authorized 
to  construct  the  whole  or  any  part  of  a  sewer  system 
shall  advertise  for  proposals  for  the  construction  thereof, 
either  under  an  entire  contract,  or  in  parts  or  sections, 
as  the  board  may  determine.     Such  advertisement  shall 
be  published  once  in  each  of  two  successive  weeks  in 
each   newspaper   published   in   the   village.     The   board 
may  require  a  bond  or  a  deposit  from  the  person  sub- 
mitting a  proposal,  the  liability  of  such  bond  to  accrue, 
or  such  deposit  to  be  forfeited  to  the  village,  in  case 
such   person  shall   refuse   to   enter   into   a   contract    in 
accordance  with  his  proposal.    The  board  may  accept  or 
reject  any  proposal,  may  contract  with  other  than  the 
lowest  bidder,  or  may  reject  all  proposals  and  advertise 
again.     No  contract  shall  be  made  by  which  a  greater 
amount  shall  be  agreed  to  be  paid,  than  the  maximum 
stated  in  the  proposition  or  in  the  petition  for  the  con- 
struction   of    such    sewer. 

§   267.  Supervising  engineer;   inspectors.     The  board 
of  sewer  commissioners  may  employ  a  supervising  en- 
gineer to   superintend  and   inspect  the  construction  of 
any  sewer  or  works  connected  therewith,  and  also  such 
inspectors  as  may  be  necessary,  and  fix  the  compensation 
of   such    engineer   and    inspectors.      Such   compensation 
shall  be  treated  as  a  part  of  the  expense  of  construction. 
§  268.  Apportionment    of   local   assessment.     If   the 
whole   or   any   part   of   the   expense   of   constructing   a 
sewer   is  to  be   assessed  upon  the  lands  benefited  the 
board   of    sewer   commissioners    shall   prepare    and    file 
in  the  office  of  the  village  clerk,   a  map  and  plan  of 
the   proposed  area   of   local   assessment.     Such  expense 
shall  thereupon  be  apportioned  upon  the  lands  within 
such  area  in  proportion  as  nearly  as  may  be  to  the 
benefit    which    each    lot    or    parcel    will    derive    there- 
from,   and   the   ratio    of    such    benefit    shall    be    estab- 
lished.    After    making    such    apportionment   the    board 


Village  Law  575 

shall  serve  upon  each  land  owner  a  notice  thereof 
and  of  the  filing  of  such  map  and  plan,  and  that  at 
a  specified  time  and  place  a  hearing  will  be  had  to 
consider  and  review  the  same.  Such  notice  must  be 
served  at  least  six  days  before  the  hearing.  The 
board  shall  meet  at  the  time  and  place  specified  and 
hear  objections  to  such  apportionment.  It  may  modify 
and  correct  the  same  or  exclude  land  from  the  area  of 
local  assessment.  The  board  of  sewer  commissioners, 
upon  the  completion  of  such  apportionment,  shall  file 
the  same  in  the  office  of  the  village  clerk.  The  appor- 
tionment shall  be  deemed  final  and  conclusive,  unless 
an  appeal  be  taken  therefrom  within  fifteen  days  after 
the  filing  thereof. 

§  269.  Appeal    from    apportionment.     A    person    ag-  Appeal 
grieved  by  an  apportionment  may,  within  fifteen  days  apportion- 
after  the  filing  thereof,  appeal  therefrom  to  the  county  ment 
court  of  a  county  in  which  any  part  of  the  village  is 
situated.     Such    appeal    shall    be    taken    by    a    notice, 
stating  the  grounds  thereof,  addressed  to  the  board  of 
sewer  commissioners,  and  filed  with  the  village  clerk. 

§  270.  Hearing  of  appeal.  Either  party  may  bring  Hearing 
on  the  appeal  upon  a  notice  of  not  less  than  ten  nor  of  aPPeal 
more  than  twenty  days.  All  appeals  from  the  same 
apportionment  must  be  consolidated  and  heard  as  one 
appeal.  The  county  court  may  affirm  or  reverse  the 
apportionment.  If  it  be  reversed  upon  the  ground  that 
it  is  erroneous,  unequal  or  inequitable,  the  court  shall 
by  the  order  of  reversal  appoint  three  disinterested 
freeholders  of  the  village  as  commissioners  to  make  a 
new  apportionment,  and  no  appeal  shall  be  allowed  from 
such  order. 

§  271.  Reapportionment.    A  reapportionment  shall  be  Reappor- 
made  in  the   following  cases:  tionment 

1.  By  the  commissioners  appointed  by  the  county 
court,  where  the  original  apportionment  is  reversed  on 
the  ground  that  it  is  erroneous,  unequal  or  inequitable. 


576 


The  Public  Health  Manual 


Procedure 
by    new 
commis- 
sioners 


Fees    of 

commis- 
sioners 


Expense 
construc- 
tion 


of 


2.  By  the  board  of  sewer  commissioners  where  the 
original  apportionment  is  reversed  upon  any  other 
ground.  A  reapportionment  under  this  subdivision  shall 
be  made  in  like  manner  as  the  original. 

§  272.  Procedure  by  new  commissioners.  The  com- 
missioners appointed  by  the  county  court  shall  give 
notice  of  the  time  and  place  at  which  they  will  meet 
to  make  such  reapportionment,  and  shall  serve  notice 
thereof  at  least  ten  days  before  such  meeting  upon 
each  owner  of  land  within  the  area  of  local  assess- 
ment as  finally  fixed  by  the  board  of  sewer  commis- 
sioners. They  shall  meet  at  the  time  and  place  speci- 
fied and  make  such  reapportionment  in  the  manner 
herein  prescribed  for  the  board  of  sewer  commissioners. 
They  shall  file  such  reapportionment  in  the  office  of 
the  village  clerk,  and  it  shall  be  final  and  conclusive. 

§  273.  Fees  of  commissioners.  Each  commissioner 
appointed  by  the  county  court  is  entitled  to  five  dol- 
lars for  each  day  necessarily  spent  in  making  such 
reapportionment,  besides  his  actual  necessary  expenses. 
Such  fees  and  expenses  are  a  charge  against  the  vil- 
lage, and  must  be  audited  by  the  board  of  of  trustees. 
The  amount  thereof  shall  be  added  to  the  portion  of 
the  expense  of  constructing  such  sewer  or  sewer  system 
which  is  to  be  assessed  against  property  specially 
benefited. 

§  274.  Expense  of  construction;  how  raised.  The  ex- 
pense of  constructing  a  sewer  or  a  sewer  system  may 
be  raised  in  an  entire  amount  or  in  smaller  sums  from 
time  to  time  as  the  board  of  sewer  commissioners  may 
determine.  If  any  portion  of  such  expense  is  to  be 
borne  by  the  village,  bonds  or  certificates  of  indebted- 
ness may  be  issued  therefor.  If  such  expense  or  any 
part  thereof  is  to  be  assessed  upon  property  benefited 
the  board  may  assess  the  same,  or  the  instalment  to  be 
raised,  on  the  several  benefited  lots  or  parcels,  in.  ac- 
cordance with  the  apportionment  and  ratio  established 


Village  Law  577 

under  this  article.  Notice  of  such  assessment  shall  be 
given  to  the  owners,  who  may  pay  the  amounts  assessed 
within  ten  days  after  the  service  of  such  notice.  At 
the  expiration  of  such  time  bonds  or  certificates  of  in- 
debtedness may  be  issued  for  the  aggregate  amount  of 
such  assessment  then  remaining  unpaid. 

§  275.  Tax  for  unpaid  assessments.  The  board  of  Tax  for 
trustees  shall  include  in  the  annual  tax  levy  the  prin-  "e^sment^S" 
cipal  or  interest  accruing  during  the  same  fiscal  year 
upon  bonds  or  certificates  of  indebtedness  issued  on  ac- 
count of  default  in  the  payment  of  local  assessments 
under  this  article,  and  shall  levy  the  same  upon  the 
lots  or  parcels  in  default. 

Such  principal  shall  be  apportioned  among  the  lots 
or  parcels  in  default  so  that  the  tax  thereon  will  be 
the  same  as  if  an  equal  portion  of  the  assessment  were 
then  to  be  paid.  Interest  on  an  unpaid  assessment  shall 
be  added  to  such  tax  at  the  rate  payable  by  the  bond  or 
certificate  of  indebtedness,  which  must  be  computed  to 
the  time  when  the  principal  or  an  instalment  will  be- 
come due;  or  if  no  principal  will  become  due  during 
the  fiscal  year,  then  the  interest  accruing  during  that 
year  upon  the  assessment  must  be  levied  upon  such  lot 
or  parcel. 

§  276.  Contracts    with    other    municipalities,    sewer  contracts 
districts,  et  cetera.     The  board  of  sewer  commissioners  with.  other 
may  contract  for  the  connection  of  the  sewers  thereof  panties, 
with  the  sewers  of  another  village,  or  of  a  town,  or  a  fe.wer   dis- 

b   '  '  tricts,    etc. 

city,  or  of  a  sewer  district  established  under  the  pro- 
visions of  article  eleven  of  the  town  law;  or  Jointly 
with  such  other  village  or  a  town  or  city  or  sewer 
district  established  as  aforesaid,  may  construct,  main- 
tain, operate  or  use  sewers,  outlets  or  disposal  works; 
or  may  contract  with  any  such  other  village,  or  a 
town,  or  city,  or  sewer  district  established  as  afore- 
said for  the  right  to  construct  and  maintain  through 
any  such  other  village,  town  or  city,  or  sewer  district 

19 


578 


The  Public  Health  Manual 


Annual 
report   of 
sewer    com 
missioners 


established  as  aforesaid,  an  outlet  sewer,  including  the 
right  to  acquire  real  property  for  such  sewer  outlet, 
which  thereupon  may  be  acquired  either  at  private 
sale  or  by  condemnation  as  authorized  by  this  act. 
No  sewer,  outlet  or  disposal  works  of  any  other  vil- 
lage, town  or  sewer  district  thereof,  or  city,  shall  be 
constructed  in  any  village  without  the  approval  of 
the  board  of  sewer  commissioners  of  the  village  in 
which  such  sewer,  outlet  or  disposal  works  shall  be 
constructed,  and  no  such  contract  shall  be  made  unless 
a  proposition  therefor  be  adopted  by  the  village  con- 
structing the  sewer,  outlet  or  disposal  works,  stating 
the  maximum  expense.  (Amended  by  L.  1909,  ch.  212; 
L.  1912,  ch.  122,  and  L.  1915,  ch.  25,  in  effect  March 
4,    1915.) 

§  277.  Annual  report  of  sewer  commissioners.  Be- 
tween the  first  and  fourth  day  of  March  in  each  year, 
the  board  of  sewer  commissioners  shall  file  with  the 
village  clerk  a  report  containing  a  statement  of  the  fol- 
lowing facts: 

1.  The  amount  of  money  on  hand  at  the  beginning  of 
the  preceding  fiscal  year,  and  the  receipts  from  all 
sources  during  such  year. 

2.  An  itemized  statement  of  the  amount  paid  out  dur- 
ing such  year,  and  the  "balance  on  hand. 

3.  The  outstanding  indebtedness  of  the  department, 
either   bonded   or   otherwise,   separately   stated. 

4.  A  statement  of  the  principal  or  interest  which  will 
become  due  during  the  current  fiscal  year  on  bonds  or 
certificates  of  indebtedness. 

5.  The    improvements    and    extensions    made    during 
•  such  preceding  year,  and  the  general  condition  of  the 

sewer    system. 

6.  Such  other  facts  as  the  board  deems  important  for 
the  information  of  the  village,  together  with  such  recom- 
mendations concerning  the  department  as  may  be 
deemed  proper. 


Village  Law  579 

§  278.  Sewer  connections.     The  board  of  sewer  com-  sewer 

!  i_i«  t.    j    •       j/u      connec- 

missioners  shall  cause  a  notice  to  be  published  in  the  tions 
official  newspaper  of  the  village  and  in  all  other  news- 
papers  published  therein   requiring  the   owners   or   oc- 
cupants of  any  and  all  property  fronting  or  abutting 
on  any  street  or  portion  thereof  in  or  upon  which  any 
public  sewer  is  about  to  be  laid  or  is  being  laid  or  has 
been  laid  by  the  said  board  to  make  and  lay  connec- 
tion pipes  to  and  from  the  sewer  mains  in  said  street 
or  any  portion  thereof  in  front  of  each  separate  piece 
of  property  and  where  directed  by  said  board,  within 
such   time    and    in    such   manner    and   under    such    in- 
spection  as   said   board   shall   prescribe,   and  whenever 
any   such  owner  or   occupant  shall  have  made  default 
in    making    such    connections    with    said    sewer    mains 
opposite  the  lands  and  premises  owned  or  occupied  by 
him  as  directed  in  and  required  by  said  printed  notice 
therefor  in  the  manner  and  within  the  time  specified, 
the  said  board  shall  have  power  and  authority  to   so 
make,   extend  and   complete  the  same  to  the  property 
line  of  the  lands  and  premises  so  owned  or  occupied 
opposite  thereto  and  in  front  thereof,  and  to  connect 
the  same  with  any  existing  connecting  pipes  in  front 
thereof,   and  the  actual  expense  thereof,   including  all 
labor  done   and  materials  used  in  doing  and  complet- 
ing the  same,  shall  be  assessed  by  the  trustees  of  the 
village  upon  each  separate  piece  of  property   opposite 
which  the  same  shall  be  done  and  completed  and  shall 
be  a  lien  and  liens  on  said  premises  and  lots  of  land 
respectively,    and   the    same    shall   be    collected   in   the 
same    manner    as    other    local    assessments    or    assess- 
ments for  local  improvements  as  provided  by  the  special 
charter   of  the  village   or  the  general  village  laws  of 
the   state   as  the   case  may  be,   and  when   so   collected 
the  amount  thereof  shall  be  paid  into  the  sewer  funds 
of  the  village.      (Added  by  L.  1910,  ch.  259,  in  effect 
Mav  7,  1910.) 


580  The  Public  Health  Manual 


WATER  SUPPLY 

Rules  and  regulations  of  department — Potable  waters. 
Public  Health  Law,  §§  7>3-84  (p.  63).  Pollution 
forbidden,  Labor  camps.  Sanitary  Code,  Chap.  V  (p. 
347 ) .  Approval  of  plans  for.  State  institutions. 
Public  Health  Law,  §  14  (p.  20).  Regular  analysis, 
State  institutions.  Public  Health  Law,  §  14  (p.  21). 
Mercantile  establishments.  Labor  Law,  §  168-b. 
Throwing  gas,  tar  or  refuse  into  public  waters.  Penal 
Law,  §  1759  (p.  523).  Polluting  waters.  Conserva- 
tion Law,  §  325  ( p.  401 ) .  Municipal  corporations  to 
submit  maps  and  profiles  of  sources  of.  Conservation 
Law,  §§  521-523  (p.  402).  Sewage  disposal  as 
affecting  potable  waters.  Conservation  Law,  §  525  (p. 
403 ) .  Power  to  establish  systems.  General  City  Law, 
§  20.  Contracts  for  purification  of.  General  Municipal 
Law,  §  120  (p.  465).  Authorizing  governor  to  sus- 
pend rules,  New  York  city,  in  emergency.  L.  1917,  chap. 
600.  Of  towns.  Town  Law,  §§  270-298.  Of  villages. 
Village  Law,  §§  220-235. 


INDEX 


Page 

Acquisition  of  land  in  emergency 19 

Action  against  city  for  illegal  destruction  of  property 34 

for  violations,  by  commissioner  of  health 22,  75 

violations  of  water  supply  rules  and  regulations 60 

Actions  by  municipalities  to  prevent  sewage  discharge 77 

in  court  maintained  by  local  board  of  health 61 

proceedings  and  authority,  state  department  of  health, 

judicial 11 

Acts  of  intoxicated  physicians 524 

Addicts 363 

Addicts,  drug,  commitment,  treatment  and  discharge 296,482 

voluntary    hospital    commitment 297 

Adulterated  goods    522 

Adulterations,  defined 51 

duties  of  state  department  of  health 53 

Adults,  not  to  be  quarantined  in  certain  cases *C  310 

Advertisements 363 

Advertisements  regarding  venereal  diseases,  prohibited 515 

see   also    publication. 

Agricultural  law,  extracts  from 363 

Almshouses,  removal  of  inmates  during  epidemic 39 

tuberculosis  hospitals  at 424 

Analyses  at  request  of  health  officer  or  physician 15 

Analysis   of  liquors    54 

Animals  affected  with  tuberculosis,  sale  of 386 

certificate  of  appraisal 387 

compensation   of   owners 389 

condemned,    appraisers    of 387 

control  and  suppression  of  disease 379 

destruction  of,  disposition  of  carcasses 388 

diseased,    appraisal    387 

examination  by  veterinarian  pre-requisite  to  destruction.  383 

inspection  and  use  of  tuberculin  and  mallein 391 

killed,  payment  for 388 

postmortem  examination 388 

quarantine 383 


*  In  references  to  Sanitary  Code,  letter  C  precedes  page  number. 

[581] 


582  The  Public  Health  Manual 

Animals  —  continued  Page 

regulations  relating  to  importation 381 

report  of  disease 380 

sanitation  and  inspection  of  stables;  disinfection 382 

Annual  report,   commissioner  of  health 19 

sewer  commissioners,  village 578 

Annual  sanitary  survey,  local  health  officer 33 

Annulment  of  registry,  practice  of  medicine 109 

Anthrax,  a  communicable  disease,  reportable C304 

to  be  reported 483 

Antimeningitis  serum,   sale  regulated C  362 

Antipneumococcus  serum,  sale  regulated C  362 

Apothecaries,   see  narcotic   drug  control. 

Appointive  members,  public  health  council,  qualifications ...  9 

Appointment  certificate,  oath,  state  board  medical  examiners.        102 

commissioner  of  health  and  deputy 8 

health  officers 24 

local  boards  of  health 23 

Application  for  approval  of  site  for  tuberculosis  hospital. ...        211 

for  license  to  practice  midwifery C  344 

for    permit    to    discharge    sewage 70 

for  permit  to  establish  labor  camp C  348 

for  permit  to  sell  milk  and  cream C  333 

Apprentices,  drug  stores  and  pharmacies 158 

Approval   of   plans,    county    tuberculosis   hospitals 410 

school  buildings    440 

sewage    disposal    plants.  . 71 

sewer   system,   town 551 

village 571 

public  water  supplies 402 

Arsenic  poisoning  to  be  reported '.' 483 

Articles  contaminated  with  infective  material,  removal  of . .   C  311 

Ashes  and  garbage,  disposition  of,  certain  towns 562 

villages 567,   570 

Asiatic  cholera,  a  communicable  disease,  reportable C304 

carriers   of C  324 

duties  of  undertakers C  331 

physician   to    give   instructions.  .."...' C  312 

removal  of  contaminated  articles C  311 

reporting,  on  dairy  farms C  308 

reporting,  cities  of  first  class 39 

Assessment  for  construction  of  sewer  systems,  towns 553 

villages 575 

Attendant,  precautions  as  to  cleansing  or  disinfection C  313 

Attending    physician,    certificate    for    attendance,    school    or 

Sunday  school C  315 


Index  583 

Page 
Attorney-General,   approval  and   enforcement,   order   to   dis-  ^ 

continue     pollution     

Authorities:  •  c  327 

county  or  municipal,  report  to ^ 

health,   placards  posted  by 

local,  action  against,  for  property  destroyed • . 

local  health  authorities    (-see  local  board  of  health). 

municipal  authorities,  to  provide  medical  care .    Wi  ^ 

public    health    authorities,     reporting    persons     needing  ^  ^ 
attention     

Bacteria:  C  337 

certified  milk '  g  g43 

count,  where  made 

disease-producing,    distribution    of    living    cultures    pro-  ^  ^ 

hibited „     39 

Grade  A,  raw  milk C339 

Grade  A,  pasteurized  milk C  340 

Grade  B,  raw  milk C  341 

Grade  B,  pasteurized  milk. 


405 


living,  inoculation  with  forbidden  without  written  permit.  ( 

Bacteriologist,  county,  compensation  and  removal 

Bakeries 3g5 

Bang  system   ■  •  ■  •  •  • ,qg 

Baptismal  certificate,  employment  of  children      . *» 

Barber,  alum  or  astringent  liquid  or  powdered  form  only. ...   C  356 

disinfection  of  hands \ 

disinfection    of    instruments 


yt;i»uii    vviui   «j  y" —    — —  C  317 

occupation  of ' ' 

person  with  syphilis  or  acute  communicable  disease  not  ^  ^ 

to  act  as p,^^  — 

regulations  to  be  posted  in  shop • 

sterilization  of  shaving  brushes 

Barbers  and  barber  shops ° 

Barbers  and  barber  shops,  requirements 

brushes  and  combs  to  be  cleansed 

clean  towel  for  each  customer • 

Basements,  employment  of  women  and  children  in •        •    - 

Bath  attendant,  person  with  syphilis  in  infective  state  not  ^  ^ 

to   act  as j  „9^ 

Bathing   establishments 

Bathing  establishments,  sanitary  condition  of • 

Bedding,  sheets  and  towels,   hotels - 

Beds  and  ventilation,  in  institutions 

Bedspring,  metal,  manufacture  and  sale  regulated *** 

Beverages,  permit  required  for  sale  in  health  zone ^  *«>» 


5S4  The  Public  Health  Manual 

Page 

Birth  certificate,  attested,  employment  of  children 493 

certified  copies  evidence  of  age 264 

required  for  employment  certificate 485 

information    required    260 

Births,   registration    259 

supplemental  report  of  given  name 262 

Births  and  deaths,  certified  copies  of  records 267 

health  officer  to  secure  prompt  and  full  registration....  34 

registration    250 

Blood  samples  to  be  submitted,  typhoid  and  para-typhoid. . .  C  310 

Board  of   embalming  examiners 181 

Board  of  examiners  for  feeble-minded,  criminals  and  defec- 
tives     245 

appointment  of  counsel  for  person  to  be  operated  upon.  246 

general  powers  and  duties 246 

persons  to  be  operated  upon 246 

surgeon  not  to  be  held  to  account 247 

unauthorized  and  illegal  operations. 247 

Board  of  examiners  for  nurses 169 

Board  of  health,  see  local  board  of  health. 

Board  of   managers,    county   tuberculosis   hospital 413 

Board   of  sewer  commissioners,    village 571 

Board   of   supervisors,    appoint   managers   of    county   tuber- 
culosis   hospital    413 

duty  in  respect  to  mosquito  extermination 277 

employees  of  county  tuberculosis  hospital  exempted  from 

jurisdiction 404 

establishments  of  county  tuberculosis  hospital 406 

inspection  county  tuberculosis  hospital 423 

Board   of  trustees,    meetings 567 

Boarding  houses,  diphtheria,  scarlet  fever  or  typhus  fever  in.  C  320 

handling  of  food  forbidden,  certain  cases C323 

letting  of  rooms  forbidden C329 

removal  of  cases  of  communicable  disease C311 

Boarding  houses  for  children,  inspection  by  health  officer...  C  360 

license  required . 512 

requirements  as  to  ventilation C  361 

Boarding  houses  receiving  tuberculosis  cases,  literature  to  be 

furnished     C  362 

inspection  by  health  officer C  361 

regulations  to  be  posted C  362 

Boarding  or  lodging  house  reporting  presumably  communi- 
cable disease   C  308 

Bodies,  interred,  record  by  local  registrar 253 

from  institutions,  retained  for  relatives 206 


Index  585 

Page 

Bottling  of  milk,  condition  of  place C  335 

to  show  place  of C  335 

Bovine   tuberculosis,  see  animals. 

Box  spring,  upholstered,  manufacture  and  sale 453 

Brass  poisoning,  to  be  reported 483 

Buildings,    damages   for   removal 64 

Bureau  of  veterinary  service,  Department  of  Agriculture. . . .        379 

Burial  permit,   duties  of  registrar 265 

fee  for  issuing 267 

interment  within  state 258 

required 253,  258 

subregistrar  may  issue 252 

undertaker   to  obtain 257 

Business  and  manufacture,  certain  kinds  prohibited  in  cities.          50 

Butter,    cheese,    etc.,    defined 363 

Cadavers     206 

in  certain  counties 208 

Calves    398 

Calves,    keeping    „ .        568 

Camps 398 

in  towns,  for  pulmonary  tuberculosis 2.11 

presumably  communicable  disease  to  be  reported C  308 

duty  of  health  officer  to  inspect C  348 

isolation  of  cases  of  presumably  communicable  disease.    C  352 

pollution  of   waters   prohibited C  347 

regulation  6,  Chap.  II,  to  be  enforced C  352 

see  also  labor  camps. 

Canal  ice,  to  be  marked 522 

Canals,  overflow  of  water  from . 17 

Cancer,  State  Institute  for  Study  of  Malignant  Disease....        241 

Cantonment    zones,    declaration    of C  359 

Caps: 

required  for  bottled  milk C  335 

to   be  marked C  337 

Carriers,  common: 

duties   during    epidemics C  330 

placarding  in  case  of  epidemics C  331 

transportation  of  dead  bodies  by C  359 

Carriers  of  disease,  control  of,  commitment 219 

Carriers  of  disease  germs  subject  to  rules  and  regulations.  .   C  324 

Carriers  of  typhoid  fever,  care  and  maintenance 49 

Cattle,  see  animals. 

Cemeteries    398 

Cemeteries,  regulating  interments,  3rd  class  cities 36 


5S6  The  Public  Health  Manual 

Certificate  of  birth,  see  birth  certificate. 

of  death,  see  death  certificate.  Page 

of  examination  and  quarantine,  commitment  of  children.  204 

required    for    school    attendance 445,  C  315 

Certified  milk,   defined C  337 

sale  regulated   366 

Chancroid: 

a  communicable  disease C  305 

duty  of  physicians  and  others C  318 

exposure  to,  prohibited C  315 

physician    to   instruct   patient C317 

records  confidential   C  317 

regulation  and  control 237 

reporting  persons  violating  laws  and  regulations C  318 

sexual  intercourse  with  person  in  military  or  naval  serv- 
ice felony    241 

submitting  specimens  for  laboratory  examination C  306 

Chemicals,  careless  distribution  of  samples. 521 

Chickenpox: 

a  communicable  disease,  reportable C  304 

exclusion   from   school 445 

exclusion  from  schools  and   gatherings C316 

exclusion  of  children  of  households C  316 

maximum  period  of  incubation C  320 

minimum  period  of  isolation C  321 

precautions  to  be  observed C  316 

removal  of  cases C  310 

Chief    medical    officer,    complaint    to    magistrate,    disorderly 

conduct  of  patient  committed 220 

to  report  discharge  of  committed  carriers  of  disease. ...  220 

Child: 

conditions   of  license   to  board C  361 

exclusion  from  schools  and  Sunday  school,  cases  of  dis- 
ease presumably  communicable C  315 

exposure  to  communicable  disease  prohibited C315 

furnishing  liquor  or  tobacco  to,  misdemeanor 514 

having  communicable  disease,  exposure  of,  prohibited. .  C  314 
in  attendance  at  school  or  non-immune,   not   to  be   ex- 
posed to  certain  communicable  diseases C  316 

medical  attendance  for,  failure  to  furnish 512 

supplemental  report  of  given  name 262 

unlawfully  omitting  to  provide  for 512 

Children    398 

boarding,   without   permit 512 

boarding  houses  for,  conditions  of  renewal  of  license.  ...  C  361 

requirements    for    license 513 

ventilation    C  361 


Index  587 

Children  —  continued  Page 

employed,   registry  of 500 

employment    certificate    492 

employment    in   basements 502 

employment  in  mercantile  establishments 492 

examination  and  quarantine,   institutions 204 

in  factories,   physical  examination  of 489 

inspection  of  boarding  houses  receiving C  361 

isolation,  wards  required,   institutions  for C314 

of  households,  exclusion  from  schools  and  gatherings...    C  316 
persons  affected  with    gonorrhea    in  infective  stage  not 
to   engage   in   occupations   involving   intimate   contact 

with    C  317 

summer  vacation  permit 497 

Chiropodist: 

duty  of  county  clerk 177 

hands  and  instruments,  cleansed  and  sterilized C  357 

person   affected  with  gonorrhea  or  syphilis  in  infective 

stage  not  to  engage  in  occupation  of C  317 

regulations  to   be   posted C  357 

utensils  and  instruments  kept  clean  and  sanitary C  357 

Chiropody 171,  399 

Cholera,  Asiatic,  see  Asiatic  cholera. 

Cholera,  cities  of  first  class,  to  be  reported 39 

Circulars,  communicable  disease,  health  officer  to  distribute  C  313 

Cities: 

certain  kinds  of  business  prohibited 50 

excepted , C  353,   C  354 

first  class,  health  officials  to  report  certain  diseases....  39 

local  boards  of  health. .  . 23 

rendering  plants,  etc.  prohibited  within  3  miles 50 

tenement  houses  in 20 

third  class,  interments  in  cemeteries  regulated 36 

City  board  of  health,  examination  of  nuisance .  . .  .  18 

clerks,  solemnizing  marriages 428,  429 

to   issue  marriage  licenses 431 

deputy  clerks,  may  solemnize  marriages 428 

duty  in  matter  of  marriage  licenses 432 

records  of  marriage  to  be  kept  by 435 

establishment  of  tuberculosis  hospital,   first  class 459 

City  of  New  York,  protection  of  water  supply 59 

excepted,    sanitary    code    established    by    public    health 

council    10.   C  302,  303 

excepted,  supervision  of  state  commissioner  of  health.  .  12 

Civil  penalty,  violation  of  health  law  or  sanitary  code 22 


5SS  The  Public  Health  Manual 

Cleansing:  Page 

and  disinfection   of  person C329 

and    renovation    at    expense    of    owner    or    agent,    after 

tuberculosis    217 

at  expense  of  occupant,  after  communicable  disease.  ...    C  327 

barbers'   brushes  and   combs C  356 

hands  of  manicures  and  chiropodists C357 

hands  of  barber  before  serving  each  customer.........    C  356 

hands  of  milkers,   "  certified  "  milk C  338 

renovation,    and    disinfection,    methods    and    precautions 

to  be  observed C  328 

utensils,  milk C  336 

Clerk,   county,   see  county  clerk. 

Clerk,  town  or  city,  issuing  marriage  licenses 432 

marriage  records  kept  by 435 

penalty  for  violation 437 

Cocaine,    see    narcotic  drug  control. 

Code,  building  and  sanitary,  village 568 

Code  of  criminal  procedure 399 

Code,   sanitary: 

commissioner  to  enforce 12 

enforcement  of    10 

health   officers  to  enforce 34 

legal    effect    of 10 

New  York  City  excepted  from  provisions  of 10 

physicians  not  to  be  discriminated  against 10 

public  health  council  to  establish;   scope  and  effect....  10 

sanitary  supervisors,  to  enforce 14 

violation  a  misdemeanor •• . .          22 

Cold   storage    . .        399 

food    defined 226 

food  to  be  condemned 231 

food  to  be  in  pure  and  wholesome  condition 227 

food  to  be  marked 227 

powers  of  state  commissioner  of  health 229 

license  required,  fee 227 

penalties    232 

reports  of  warehousemen  to  commissioner  of  foods  and 

markets 231 

return  of  food  after  released  for  market  prohibited....        231 

rules  and  regulations  authorized 230 

sale  of  food  kept  in  cold  storage,  without  representing 

said  fact,  prohibited 232 

time  that  food  may  be  kept 229 

transfer  from  one  warehouse  to  another 231 

Cold  storage  warehouse,  milk  and  cream  in C  343 


Index  589 

Page 
Commission   to  negotiate   transfer  of   quarantine   station   to 

United    States     82 

Commissioner    of    agriculture,    to    condemn    insanitary    cans 

and  receptacles 374 

quarantine  rabies 393 

rules  and  regulations,  diseases  of  domestic  animals....  383 
Commissioner   of    health: 

acquisition  of  land  in  emergency 19 

action,   violation  rules  for  protection  water   supply. ...  61 

actions    for    violations 75 

analyses,   water  supplies,   state   institutions 21 

annual    inspection,    state    institutions 20 

annual  report 19 

annual  report,  county  mosquito  commission 277 

appeal  to,  if  health  officer  refuses  labor  camp  permit. ...  C  349 

appoint    deputy    commissioner 8 

directors  of  divisions 12 

inspectors,  sanitary  conditions  in  hotels 233 

mosquito   extermination   commission,    county 273 

sanitary  supervisors 13 

appointment,  qualifications,   term 8 

approval    and    inspection,    additions    or    changes    county 

tuberculosis  hospitals    416 

approval,  plans  and  equipment  county  tuberculosis  hos- 
pitals      410 

approval  required,  distribution  living  culture  of  bacteria.  C  326 
approve    form    of    report,    procedure    and    precautions, 

tuberculosis     221 

laboratories     C  309 

laboratories  making  bacterial  counts C  343 

maps  and  plans,  village  sewer  system 571 

town    sewer    district 233 

persons  permitted  to  examine  tuberculosis  register.  C  358 

plans    for    state    institutions .20 

county    tuberculosis   hospital 410 

plans,   estimates,   etc.  mosquito  exterminating  com- 
mission       276 

recommendations   as    to    sewers,    villages 32 

removal    of    local   health    officer 24 

vaccine   virus   and   vaccination 200 

audit    expenses    relief    of    indigent    Indians    in    case    of 

epidemic 48 

carriers  of  disease  49 

authority    to    investigate    irregularities   or   violations    of 

vital    statistics    law 270 


590  The  Public  Health  Manual 

Commissioner    of   health  —  continued  Page 

autopsies,    regulation    and    control 16 

boarding  and  lodging  house  proprietors  to  be  furnished 

literature      C  362 

certify  existence  of  smallpox  to  school  authorities 199 

certify  to  municipality  amount   due   registrar 266 

commissioner  of  education  to  consult,  rules  and  regula- 
tions   for    schools 445 

consent    required,    to    establish    tuberculosis    hospital   or 

camp     211 

consolidate    health     districts 25 

contracts    with    branch    laboratories 15 

declare    existence    of    epidemic C  330 

duties  in  respect  to  hospitals  for  contagious   diseases..  15 

laboratories     15 

shellfish   grounds    401 

vital   statistics 250 

employment    of    experts 18 

public    health     nurses 14 

enforcement,    tenement    law,    cities 20 

establish     laboratories .  .  . 15 

sanitary  districts 13 

examinations    and    analyses 15 

and    surveys 13 

examinations   into    nuisances 18 

exclusive  jurisdiction   over   state   lands....... 13 

food,    preparation    and    service 233 

full   power    21 

furnish  blank  forms  and  instructions  for  registrars....  263 

record  books  for  registrars  of  vital  statistics 266 

general    powers    and    duties 12 

hospitals   for   contagious   diseases,   duties 15 

for  tuberculosis,  in  towns,  approve  site 211 

Indians,   relief   of,   in   case   of   epidemic 48 

inform  registrars  diseases  considered  communicable,*  etc.  264 

inoculation   with  living  bacteria,   permit   required C  326 

inspection    of    laboratories C  327 

inspection    of    public    works 19 

inspection  and   supervision,   preparation   and   service   of 

food     233 

license    midwives     C  344 

local  health  officer,  failure  municipality  to  appoint. ...  19 

mandamus 50 

maps  and  plans,  sewer  system,  village,  approval 571 

town 550 

may  compel  witnesses  to  testify 13 

may  employ  assistants 12 


Index  591 

Commissioner   of   health  —  continued  Page 

may  employ  experts 18 

may  order  destruction  of  food C323 

may  request  attorney-general  to  assist  in   enforcement 

vital  statistics  law 270 

may  reverse  local  ordinance 13 

revoke  license  to  practice  midwifery C  346 

revoke  permit  for  sale  of  milk  or  cream C  333 

revoke  labor  camp  permit C  349 

member  public  health  council 9 

member  of  board  of  trustees,  state  institute  for  study  of 

malignant   disease    241 

minimum   potency  of   serums  to   be   fixed  by   rules   and 

regulations C  362 

monthly  reports  ©f  health  officers  filed  with C  358 

notice  to  convene  local  board  of  health '. C  354 

nuisances,  examination  into,  upon  order  of  governor.  ...  17 

order  discontinuance'  stream  pollution 69 

local  board  to  convene  to  enforce  water  rules 61 

overflow  of  water  from  canals 17 

permission  to  sell  or  convey  living  cultures  of  pathogenic 

germs 504 

permit  for  sewage  discharge 70 

to  discharge  refuse  or  waste  matter  from  industrial 

establishments 71 

petition  for  establishment  tuberculosis  hospital,  town.  .  .        212 

placarding  common  carriers C  331 

plans,  county  tuberculosis  hospital 410 

refuse  discharge  pipes 72 

sewage  discharge  and  disposal  plant 70 

state  institutions    20 

ports  or  landings,  designate C  308 

power,  where  local  board  fails  to  appoint  health  officer. .  19 

powers,    county   tuberculosis   hospital 406 

powers  and  duties,  general 12 

exception,  city  of  New  York 12 

prescribe  form: 

application   for   labor  camp  permit C348 

for  midwife's  license C  345 

permit  to  sell  milk  or  cream C  333 

autopsy  records    16 

burial  or  removal  permit 258 

license,  boarding  houses  for  children C361 

methods  of  making  eye  and  ear  tests  in  schools.  .  .  .        444 

permit  for  labor  camp C349 

scorecard  for  dairy  farms C  334 

public  health  nurses,  appointment 14 


592  The  Public  Health  Manual 

Commissioner    of   health  —  continued  Page 

public  works,  examination  and  inspection 19 

register  midwives,  to  be  kept  by C  346 

regulations   of  public  health   council   to   be   sent   health 

officers 10 

removal  of  local  health  officer 24 

report  to  district  attorney,  violations  of  vital  statistics 

law 270 

report  to,  communicable  disease  on  dairy  farm C  309 

food   poisoning    C  324 

non-resident  tuberculosis  cases  in  institutions 214 

vaccinations  .  .  . 201 

reverse  or  modify  order,  local  board  of  health 13 

revocation  of  license,   boarding  children C  361 

permit,  sale  of  beverages  in  health'  zones C  360 

•    sale  of  milk  and  cream C  333 

sewage  discharge 73 

right    of    entrance 13 

right  of  entrance,  hotels 248 

rules    for    transportation    of    dead    bodies    by    common 

carriers C  359 

salary  and  expenses ; 11 

sanitary  districts,  establishment 13 

sanitary  supervisors,  appointment 13 

service  of  notice  for  violations  of  section  76 75 

shellfish  grounds 401 

state  institutions,   inspection 20 

state  institutions,  report  of  outbreak  of  disease 21 

subpoena,  issue   13 

supplementary  rules  and  regulations  for  labor  camps. ...   C  352 

tenement  house  law,  enforcement 20 

tuberculosis  hospital  or  camp,  town  approval  of  site....        212 

vaccination  reports    201 

venereal  disease  bureau  under  direction  of 301 

vital  records,  furnish  certified  copies 267 

statistics,  blanks  and  forms  furnished 263 

enforcement  of  provisions ; 270 

preserve  records 264 

water  supplies,  state  institutions,  analyses 21 

written   permission   required  for  use   of  living   bacteria 

inoculations , C  326 

see  also  state  department  of  health. 
Commissioner  of  labor,  may  call  upon  state  and  local  boards 

of  health 483 

Commissioner  of  water  supply,  gas  and  electricity,  New  York 

city 59-63 


Index  593 

Page 
Commitment,    carriers    of    disease,    dangerous    and    careless 

patients 219 

costs  of,  insanity 473 

dangerous  insane    481 

drug  addicts 296,  482 

inebriates 482 

insane,   temporary    472 

compensation  and  expenses,  health  officer 473 

duties  of  health  officer 475 

state  commission  to  advise  local  health  officers....        470 
Common  carriers: 

drinking  cups  and  towels  forbidden C  355 

duties  of,  in  epidemics C  330 

placarding  by    C  331 

transportation  of  dead  bodies  by C  359 

Common   drinking   cups,    drinking   and   eating  utensils,    for- 
bidden     C  355 

Common  towel,  forbidden C  355 

Communicable  disease    400 

Communicable   disease,   see   disease,    communicable   and   chap- 
ter II,  sanitary  code. 

Compensation,  animals  slaughtered 389 

Compensation  and  expenses,  local  health  officers 29,  473 

health  officers,  care  of  smallpox 30 

officers  and  employees,  state  department  of  health 11 

public   health   council 9 

Compressed  air  illness,  to  be  reported 483 

Compulsory  school  attendance 446 

penalty  for  noncompliance 447 

Condemnation  proceedings 19 

property,  local  board  of  health,  village 33 

sewer  systems,  villages 574 

towns  .• 552 

tuberculosis  hospital,   county 408 

Condemning  milk  vessels 373,  C  335 

Conditions: 

for  issue  of  permit  for  labor  camp C  349 

keeping  milk  for  sale C  335 

renewal  of  license,  boarding  children C  361 

renewal  of  permit  to  sell  milk  or  cream C  334 

sale  of  foods  from  farm  or  dairy C  322 

selling  bottled  milk C  335 

to  sell  milk  and  cream '. C  334 

who  may  prescribe C  333 

Confectionery,  adulterations 53 


594  The  Public  Health  Manual 

Page 

Conferences,   expenses  of  health  officer  in  attendance 30 

health  officers  to  attend 34 

Conservation  commission,  approve  plans  for  sewage  disposal       403 

Conservation  law,  extracts  from 400 

sewage  disposal  as  affecting  potable  waters 403 

shellfish  grounds,  inspection 401 

Consolidated  health  district: 

abstract 27 

estimate 28 

expenses 29 

Contagious  disease,  exposing  person  affected  with 523 

public  schools 445 

Contractor,  to  notify  health  officer  of  camp  of  five  or  more 

persons C  347 

Cooks  affected  with,  or  exposed  to,  communicable  disease.  .    C  323 

Coroner,  autopsy  record  filed  with. 16 

Coroners 404 

Coroner's  inquest 257 

Corpse,  see  cadaver. 

Coughing,  unguarded,  forbidden C355 

Council,   public   health,    see  public   health   council. 

Counsel,  appointment,   to  person  to  be  operated  upon 246 

County  bacteriologist,  compensation  and  removal 405 

County  clerk: 

distribute  books  and  forms 437 

duty  to  register  chiropodists 177 

marriage  records  to  be  kept  by 436 

proof  of  publication  of  water  rules  filed  with 60 

record   of   permit   to   discharge   refuse   and   wastes   filed 

with    72 

to   discharge  sewage 71 

resolution  condemning  property  for  tuberculosis  hospital  409 
County  hospitals,  tuberculosis,   see  county  tuberculosis  hos- 
pitals. 
County  laboratories,  bacterial  count  for  milk  permit  may  be 

made  at C  343 

County  laboratory: 

compensation  and  removal  of  bacteriologist  and  assist- 
ants    405 

establishment 405 

County  law,    extracts    from 404 

County  medical  society,   certify  milk C  338 

County  mosquito  extermination  commission. 271 

accumulation  of  water  a  nuisance 275 

annual   report    277 


Index  595 

County  mosquito  extermination  commission  —  continued  Page 

chairman  of  board  of  supervisors,  ex  officio  member.  ...  272 

clerks  and  assistants    274 

commission  a  body  corporate  and  politic;  powers 274 

disbursements  by  county  treasurer 277 

duties  of  boards  of  supervisors 277 

duties  of  clerks  and  assistants 275 

establishment,  appointment  of  commission 272 

estimate    of    annual    requirements,    power    and    duty   of 

state   health   commissioner 276 

members  serve  without  compensation 273 

obstructions;   interferences    279 

official  oath;  officers 274 

powers  and  duties  of  commission 2  75 

publication    of    notice    of    entry;    claims,    damages    and 

payments 275 

reservation    of    powers 278 

secretary   of   commission;    salary 274 

state  commissioner  of  health  appoints  one  member....  273 

term   of   office 273 

County  nurse,  employment 416 

County  tuberculosis  hospital: 

admission  of  patients,  records 418 

from  counties   not  having  hospital 422 

from  county 420 

annual  report 416 

appointment  of  managers 413 

approval  and  inspection,  additions  or  alterations 416 

approval  of  plans  and  equipment  for  building 410 

certification  bills  and  accounts ." 415 

contract  with  adjoining  county 406 

county  nurse   :  416 

discharge  of  patients 419 

employees  exempted  from  jurisdiction  of  supervisors.  ...  404 

establishment 406 

examination  of  patients    419 

examination  of  suspected  cases 416 

general  powers  and  duties  of  managers 414 

hospitals    at    almshouses " 424 

inspection  and  meetings  of  managers 415 

joint 406 

maintenance     of    patients     from     counties     not     having 

hospitals 423 

from  county 421 

powers  of  state  commissioner  of  health 406 

record  of  proceedings  of  board  of  managers 415 

salaries  of  employees    414 


596  The  Public  Health  Manual 

County    tuberculosis   hospital  —  continued  Page 

superintendent,  appointment  and  qualifications 414 

attend  courses  at  Ray  Brook,  expenses 419 

courses  at  Ray  Brook,  open  to 537 

general  powers  and  duties 417 

to  give  bond 419 

visitation  and  inspection. . . 423 

Courses  for  county  tuberculosis  hospital  superintendents,  at 

Ray  Brook   537 

Cow,  keeping  in  crowded  or  unhealthy  places 511 

Cows : 

care  and  feed 365 

exclusion  from  herd  after  tuberculin  test C337,  C339 

physical  examination C  339,  C  340,  C  341 

Cream,  see  milk  and  cream. 

Criminals,    sterilization    of 2  46 

Croup,  membranous,  minimum  period  of  isolation C321 

reportable   communicable   disease C  305 

see  also   diphtheria. 

Cultures,  living,   of    disease  producing   bacteria,    distribution 

prohibited     C  326 

to  be  taken  in  cases  where  diphtheria  is  suspected C  309 

Dairy  farms: 

destruction  of  food  in  certain  cases C323 

inspection  and  scoring C  334 

rated,   40  per  cent C  334 

reporting  communicable  disease  on,  by  physician C  308 

reporting  disease  presumably  communicable  on C  309 

sale  of  food  forbidden  in  certain  cases C  32  2 

Damages,  action  against  city,  village  or  town 34  . 

removal  of  buildings 64 

unjust    destruction    of    property    upon    order    of    health 

officer    34 

Dangerous  and  careless  patients,  control  of 219 

Dead,   transportation  of,   by  common  carriers C  359 

Dealer,   milk,   see  milk. 

Death,   causes,    strictly  defined .  .  • 25  7 

certificate,,    information    required 255 

registration     250 

stillbirth  registered  as 254 

without   medical   attendance,    registration 257 

Deaths,   from   communicable   disease,   duty   of  health   officer 

and  registrar   C  32  5 

Defective  registration,   correction 2  53 

Defectives,  criminals,  etc.,  sterilization  of 246 


Index  597 

Definition:  Page 

adulterated    milk    364 

adulterated   wine    56 

adulterations,   butter,   cheese,  etc 363 

foods  and  drugs 51 

board    of    health C  304 

communicable    disease C  303 

food 51,  226 

drug    51 

half  wine  and  made  wine 57 

health  officer   C  304 

municipality 24,  C  303 

nuisance    (houses    of   prostitution,   etc.) 234 

public 518 

pure  wine   56 

sewage     70 

Dentistry,  practice  of 115 

see  also  narcotic  drug  control. 

Department  of  health,  see  state  department  of  health. 

Deputy  city  clerk,  may  perform  marriages,  certain  cities.  .  428,  429 

Deputy   commissioner   of   health: 

appointment,    qualifications,    duties 8 

may  hold  hearing  on  tuberculosis  hospital  site 212 

salary  and  expenses 11 

Deputy    registrar    252 

Destruction: 

of  food,  in  certain  cases C  323 

of  furniture,    clothing   and   other  articles C  329 

unjust,  of  property  upon  order  of  health  officer 34 

Dining  cars,   preparation  and  service  of  food .  .  23.3 

right  of  entrance  and  inspection 233 

Dining  rooms,  public,  preparation  and  service  of  food 233 

Dining  rooms,    public,    right   of   entrance   and   inspection-  of 

kitchens     233 

Diphtheria    (membranous    croup): 

a  communicable  disease,  reportable C  305 

carriers  of   disease  germs  subject  to   rules  and  regula- 
tions     C  324 

contacts   not   to  handle  food  or  food  products  intended 

for  sale   C  323 

control  of   219 

cultures  to  be  submitted C  309 

dangerous  and  careless  patients,  commitment 219 

destruction  of  foods  in  certain  cases C323 

destruction  of  furniture,  clothing,  etc C  329 

disinfection    of    discharges C  312 


59S  The  Public  Health  Manual 

Diphtheria  —  continued  Page 

distribution  of  circulars  and  notification  of  tenant C  313 

duties  of  undertakers C  331 

exclusion  from  schools  and  gatherings 575,  C  316 

exclusion  of  children  of  households C316 

exposure   of   persons   affected   with C  315 

exposure   to,   prohibited C  315 

handling  of  food  forbidden,  certain  cases C  323 

hotel,  lodging  or  boarding  house C320 

letting  of  rooms  forbidden C  329 

minimum  period  of  isolation C  321 

needless  exposure  to C  315 

on  dairy  farm,  destruction  of  food  in  certain  cases C  323 

on  dairy  farm,  sale  of  food  permitted  under  certain  con- 
ditions      C  322 

posting    placards    C  314 

precautions  to  be  observed  by  physician  and  attendants.  C  313 
public  or  church  funerals  forbidden  without  consent  of 

health  officer  C  332 

quarantine   in   certain   emergencies C320 

removal  of  articles C  311 

removal  of  case C310 

removal  to  hospital  or  isolation  and  restriction  of  visiting  C  319 

reporting,  on  dairy  farms C  308 

sale  of  food  forbidden  in  certain  cases C  322 

Directors  divisions,   state  department  of  health 12 

qualifications  prescribed  by  public  health   council 11 

Discharge  of  sewage  into  certain  waters  prohibited 67 

into    Susquehanna   river   prohibited 67 

into    Wallkill    creek    prohibited 67 

penalties 76 

revocation  of  permit 72 

Diseased  animals  destroyed,  compensation  of  owners 389 

Disease,   communicable: 

adults,  not  to  be  quarantined,  certain  cases C310 

burial  or  removal  permit  to  licensed  undertakers  only..  265 

dangerous  and  careless  patients 219 

defined C  303 

designated C  304 

disease  requiring  removal  to  hospital  or  isolation C  319 

disinfection  and  cleansing  of  person C  329 

disinfection,  cleansing  and  renovation C327 

duties    of    undertakers C  331 

duty  of  health  officer • 37 

duty  of  health  officer  and  registrar,  death  from C  325 

exposure    of    persons    affected    with 523,  C  314 

exposure  to,  forbidden C  315 


Index  599 

Disease,    communicable  —  continued  Page 

fee  for  reporting  to  health  officer 38 

general  provisions 37 

handling  of  food  forbidden C  323 

in  labor  camp,  to  be  isolated  and  not  removed  without 

permission  of  health  officer C  352 

in    tenement    houses 491 

isolation  of  persons  affected  with C  310 

local  board  may  establish  quarantine 37 

to  guard   against   introduction  of 37 

maximum  period  of  incubation C320 

minimum  period  of  isolation C  321 

persons  affected  with,  handling  of  food  forbidden C  323 

persons  affected  with,  not  to  act  as  barber C  356 

physician  to  report  to  health  officer 38 

preventing   spread   of,   in   institutions C  314 

removal    of    cases C  310 

removal    or    isolation    certain    diseases,    hotels,    lodging 

houses,  etc C  320 

report  of  outbreak  in  state  institution 2  0 

report  to'health  officer  when  no  physician  in  attendance  38 

report   by  laboratories 38 

reporting,  by  person  in  charge,  camps C  352 

by  physicians C  305 

reporting,  in  institutions C  307 

reporting,    on    dairy   farms C  308 

tuberculosis    reports    confidential 39 

which  to  be  placarded C  313 

see  also  names  of  diseases. 
Disease,  presumably  communicable: 

exclusion   from    school C315 

in  camps,  to  be  isolated,  not  to  be  moved  without  per- 
mission of  health   officer C  352 

to  be  reported  by  person  in  charge C308,   C352 

in  private  households,  boarding  and  lodging  houses.  ...  C  308 

in  schools    C  307 

on  dairy  farms    C  309 

on  vessels C  308 

Diseases  of  animals,  see  animals. 

Disease,  communicable  of  skin,  person  affected  with,  not  to 

act  as  barber    C  356 

Disease,    venereal,    see  chancroid,    gonorrhea,  syphilis,   vene- 
real disease. 
Disease,    visible,    of    skin,    precautions    to    be    observed    by 

chiropodist  after  serving  customer  affected  with C  357 


600  The  Public  Health  Manual 

Disinfection:  Page 

according  to  special  rules  and  regulations  required....   C  311 

of  belongings   C  327 

of  brushes,  barber  shops C  357 

of  discharges C  312 

of   excreta    C  312 

of  furniture,  premises,  etc.,  at  public  expense C  327 

of  hands  of  barber C  357 

of  person    C  329 

of  person  or  garments  of  attendants C  313 

of   premises    '. 216,  C  327 

of  rooms,  —  methods  and  precautions C328 

placard  —  if  disinfection  not  complied  with C329 

premises,  boats,  cars,  etc.,  to  prevent  spread  of  disease 

among  animals   C  383 

public  expense,  after  tuberculosis 217 

required,  following  communicable  disease  public  expense  C  328 
tuberculosis  resort,  at  expense  of  owner  of  premises. ...   C  217 

Dispensaries     , 425 

Dispensary,  preventing  spread  of  communicable  disease  in..   C  314 
District  attorney,  charged  with  enforcement  statute  requir- 
ing iron  stairways  on  hospitals  buildings 225 

proceedings,    adulteration   of   drugs 58 

violations  of  vital   statistics  law 270 

Divisions,  state  department  of  health 12 

Docks   and    wharves,    quarantine 80 

Domestic  animals,   see  animals. 

Domestic   relations   law « 425 

see  also  marriages. 
Domestic  servants,  persons  with  syphilis    in  infective  stage 

in  occupation  of C  317 

Dormitories;  beds,  ventilation 205 

Drainage  of  lands =  .  .        438 

Drainage,  removal  mosquito  breeding  places 40 

law,  references 439 

Drinking  cup,  common,  forbidden C  355 

Drug,  defined 51 

Druggist,  registration  fee;  examination 153 

see  also  narcotic  drug  control. 

Drugs     439 

Drugs,   adulteration 51,  160 

careless  distribution  of  samples 521 

for  treatment  of  venereal  disease,  to  be  dispensed  only 

upon  physicians'  prescription 240 

habit-forming,    see   narcotic    drug    control. 

labeling  poisons    162 


Index  601 

Drugs  —  continued  Page 

misbranding    and    substituting 161 

omitting  to  label,  or  labelling  wrongly 519 

osteopaths  not  to  administer 113 

penalty  for  violating  public  health  laws 521 

samples  to  be  furnished 55 

Drug  stores  or  pharmacies 155 

apprentices  and  employees 158 

sleeping  apartments,   rules  of  local  board  of  health....        159 
working   hours    158 

Drugs,    users,    habitual,    commitment 296,    482 

Duties,  commissioner  of  health,   general 12 

deputy  commissioner  of  health 8 

local  board  of  health 29 

local  health  officer 33 

see  also  health  officer,   duties. 

public  health  council 9,  11 

nurses 35 

sanitary  supervisors 13 

undertakers    257,  258,  C  331 

Dysentery,  amoebic  or  bacillary: 

a   communicable   disease C  305 

destruction  of  foods  in  certain  cases C  323 

on  dairy  farm,  sale  of  food  permitted  under  certain  con- 
ditions       C  322 

physicians  to  give  instructions  regarding  disinfection  of 

excreta    C  312 

reporting  cases  on  dairy  farms C  308 

Dysentery,    bacillary: 

carriers  of  disease  germs C  324 

contacts  not  to  handle  food  or  food  products  intended 

for  sale   C  323 

Ear  and  eye  tests,  school  children 444 

Education    law,    extracts , 439 

compulsory  school  attendance 446 

penalty  for  non-compliance 447 

contagious  disease  in  public  schools 445 

ear  and  eye  tests,  public  schools 444 

enforcement   445 

health  certificate,  pupils  public  schools 443 

return  after  illness 445 

medical  inspection,  pupils  of  public  schools 444 

inspectors,  employment 442 

school  authorities,  duties  as  to  enforcement 439 

state  medical  inspector,   of  schools 446 

Education  requirements,  midwife   C  345 


602  The  Public  Health  Manual 

Embalming  and  undertaking:  Page 

application  for  license  and  examination 184 

board  of  examiners   181 

commissioner  of  health  to  approve  rules  and  regulations       183 
duty  of  state  department  of  health,  reports  of  examina- 
tion              185 

examinations     183 

examiners,  appointment   184 

examiners,    powers   and   duties 182 

illegal  practice    of 524 

practice  without  license  prohibited 188 

reciprocal  licenses  .  .  : 187 

recommend  for  license   185 

records  of   examination    184 

time  and  place  of  examination 184 

undertakers,  examination  and  license 185 

violations    of   article 188 

Eminent    domain    19 

Employee,  affected  with  or  exposed  to  communicable  disease.   C  323 

Employees,  state  department  of  health,  compensation 11 

working  hours,    sleeping   apartments,   groceries,    etc....        159 

Employer,   report  apparent  case  of  tuberculosis 214 

Employment   certificate: 

affidavit  of  parents  as  to  evidence  of  age 486,  495 

cancellation  if  physical  examination  shows  unfitness.  ...        490 

if  physical  examination  refused 490 

commissioner  of  labor  to  approve  blanks  and  forms. .  .  .489,  499 

contents 487,  496 

education  requirements,  children  under  fifteen 487,  496 

evidence  of  age  required 485,  493 

how  issued 484,  492 

minors,  required   483 

monthly  report   of   health   authorities 489,    499 

notice  to  local  board  of  health  of  revocation 490 

personal  physical  examination  of  child 487,  495 

physicians'  certificates,  first  class  cities 485,  494 

record  to  be  transmitted  to  commissioner  of  labor 489,  499 

return  to  child  when  physical  fitness  shown  by  subse- 
quent  examination    490 

school  record  furnished  health  authorities 488,  496 

summer  vacation  permit. 497 

Employment  of  local  boards  and  experts 18 

minors 483,  492 

nurse,   county,   for  tuberculosis  work 416 

public  health  nurses 14,  35 

women  and  children  in  basements 502 


Index  603 

Page 

Entrance,  right  of  entrance  and  inspection 19,  233,  248,  C  312 

Epidemic   cerebrospinal  meningitis;   see  meningitis,   epidemic 

cerebrospinal. 
Epidemic    or    streptococcus     (septic)    sore    throat,    see    sore 
throat. 

Epidemic,  relief  of  indigent  Indians 48 

Evidence: 

condemned  milk  vessel  to  be  held  as  evidence C  336 

moral  character  of  midwife C  345 

presumptive,   registration,  of  midwife C346 

written  reports  of  health  workers 34 

required,  employment  certificate 484,  489 

Examination: 

and  inspections  of  public  works 19 

and  quarantine,  children  admitted  to  institutions 204 

employees  —  "  certified  "  milk  dairy C  338 

into    epidemics   among   Indians 48 

into  nuisances,   by  commissioner 17 

monthly,   inmates  of  institutions,   reports 205 

occupant  of  house,  building  or  vessel  by  health  authori- 
ties ...    . C  312 

of  sputum 215 

of  water  pollution,  state  department  of  health 78 

questions,  board  of  embalming  examiners 183 

chiropody,  prepared  by  medical  examiners 172 

requirements,    dentistry 120 

druggist 153 

pharmacist 152 

Examinations,  admission,  veterinary  medicine  and  surgery.  137 

and  analyses,  state  department  of  health 15 

and  surveys,  by  commissioner  of  health 13 

optometry 190 

physical,  of  children  in  factories 489 

children  admitted  to  institutions 204 

practice  of  medicine,   admission 103 

registered  nurses   169 

waiver 170 

state  board  of  pharmacy 150 

Exclusion  from  school,  disease  presumably  communicable. 445,  C  31 
Exclusion   from    schools   and    gatherings: 

cases  of  certain  communicable  diseases C  316 

children  of  households C  316 

Excreta,  instructions  as  to  disinfection,  by  physician C  312 

Expense,  abatement  of  nuisance /.  17,  44 

a  lien  upon  premises 45 


604  The  Public  Health  Manual 

Expense  —  continued  Page 

cleansing,   renovation  and  disinfection C327 

after  tuberculosis 217 

publication  of  water  rules 60 

removal  of  mosquito  breeding  places 40 

seizure  of  adulterated  wine,   county  charge 56 

Expenses,  commissioner  and  deputy  commissioner 11 

consolidated   health    district 26 

dangerous  and  careless  patient,  care  and  maintenance..  219 

disease  carriers,   care  and  maintenance 49 

employment,   medical  school  inspectors 442 

examination  by   state   department  to  determine   sewage 

pollution 78 

incurred    by    commissioner    in    correction    of    defective 

registration 253 

when  local  board  of  health  fails  to  appoint  health 

officer 19 

local  board  of  health 48 

local   health   officer    in    attending    conferences 30 

care  of  insane 473 

care  of  smallpox 30 

public  health  council 9 

relief  of  Indians  in  case  of  epidemic 48 

sewers   in  villages 32 

typhoid  carriers,  care  and  maintenance 49 

Experts,  employment  by  commissioner  of  health 18 

Exposure : 

needless  exposure  to  communicable  disease  forbidden...  C  315 

person     with  communicable   disease,  forbidden C  214 

person  with  communicable  disease,   misdemeanor 523 

Factories,  physical  examination  of  children 489 

Factory,   common  drinking  and  eating  utensils  forbidden.  ..  .C  355 

common  towel  forbidden C  355 

Family  of  tuberculosis  patient,  protection  of 221 

Farm    produce,     hawking    and    peddling,     license    fee    for- 

forbidden 465,  544,  569 

Farms  and  markets: 

effect  on  existing  provisions  of  law 448 

existing  rules  and  regulations  continued 449 

pending  actions  or  proceedings 450 

transfer   of   officers   and   employees   of   existing   depart- 
ments    447 

Farms  and  markets  law,  extracts 447 

Fee: 

certified  copy  of  record 267 

chiropodist 172 


Index  605 

Fee  —  continued  Page 

communicable  diseases   38 

filing-,  with  delayed  certificate 268 

license   to   operate   cold   storage    or   refrigerating  ware- 
house    228 

permits,  burial  or  removal 267 

registered  nurses    170 

registration  physicians,   midwives  and  undertakers  for- 
bidden    262 

reporting  births  and  deaths 266 

sewer  commissioners,  town,  appointed  by  county  court.  .  556 

village,  appointed  by  county  court 576 

undertakers 186 

Feeble-minded,    criminals    and    other    defectives,    board    of 

examiners  of   245 

Fees  of  public  officers " 530 

Ferry  boat  or  house,  common  drinking  and  eating  utensils 

forbidden C  356 

Filing: 

with  board  of  health,  third  class  city,  resolution  regulat- 
ing interments  in  cemeteries 37 

with  board  of  health,   report  of  health  officer,  boarding 

house  inspection C  361 

.  with  board  of  health,  report  of  health  officer,   boarding 

house  reinspection C  361 

with  boasd  of  health,  report  of  health  officer  on  nuisance.  C  353 
with   commitment  papers,   certificate   of  examination  of 

child  admitted  to  institution 205 

with  coi'oner,  copy  of  autopsy  record 16 

with  county  clerk,  original  marriage  records 436 

proof  of  publication,  water  rules 60 

record  permit  to  discharge  refuse  or  wastes 72 

to  discharge  sewage 71 

resolution    condemning   property   for    county    tuber- 
culosis hospital  site 409 

with  examination  papers,  report  of  effect  of  operation  for 

prevention  of  procreation 247 

with  secretary  of  state,  regulations  of  sanitary  code.  ...  10 

regulations  and  declarations  regarding  adulterations  54 

report  of  examination  of  nuisance '. .  17 

with  state  commissioner  of  health: 

annual    statement    county    mosquito    extermination 

commission 276 

delayed  certificate,  vital  statistics 268 

maps  and  plans,  sewer  systems 551,  571 

original  certificates,  births  and  deaths 266 

original  marriage  records 436 


606  The  Public  Health  Manual 

Filing  —  continued  Page 

petition  for  hearing  tuberculosis  hospital  site,  towns       212 
report  of  sewage  discharge,  evidence  of  exemption.  .  73 

of    discharge    of   refuse  or   wastes,    evidence    of 

exemption 74 

report  to  secure  exemption,  discharge  of  sewage,  etc.  68 
request  that  petition  for  approval  tuberculosis  hos- 
pital site  be  referred  to  board 213 

transcript  of  autopsy  record 16 

with  state  department  of  health: 

notice    of    membership    and    organization    of    local 

board 24 

with  state  commissioner  of  labor,  result  of  examination 

of  minors 490 

with  town  clerk: 

annual  statement,  sewer  commissioners 558 

appeal  from  apportionment 554 

apportionment  of  assessment  for  sewer  construction.        554 

for  maintenance  sewer  system .  .        557 

contracts  for  sewer  construction 551 

map  and  plan,  sewer  district  or  extension 553 

sewer  system,  amended 551 

official  undertaking,  sewer  commissioners 550 

petition,  sewer  system 547 

reapportionment,  assessment  for  sewer  construction....  '556 
report  of  sewer  commissioners  regarding  improvements  561 
with  village  clerk: 

annual  report  sewer  commissioners 578 

appeal  from  apportionment 575 

apportionment  of  assessment 575 

map  and  plan,  sewer  system 571 

assessments 574 

Fire  escapes,  outside  hospital  buildings 225 

Flies: 

privies  at  labor  camps  to  be  screened C  350 

vessels  containing  milk  for  sale  not  to  be  exposed  to. .  .    C  335 
Food: 

adulterations 51 

cleanliness  in  preparation  and  service 232 

cold  storage,  see  cold  storage. 

denned 51,  226 

destruction  by  health  officials 451,  C  323 

examination  for  state  institutions 363 

handlers,  in  household,  subject  to  quarantine C  322 

handling  forbidden,  in  certain  cases C  323 

permit  required  for  sale,  in  health  zone C359 

poisoning  to  be  reported -1 C  324 


Index  607 

Food  —  continued  Page 

preparation  and  service 233 

sale,  forbidden,  certain  cases C  32  2 

shipping-,  slaughtering  and  selling  veal  for 394 

tainted,  disposing  of,  misdemeanor 522 

wilfully  poisoning 524 

Food   commission 451 

Foods  and  drugs,  adulterations  denned 51 

reports  of  violations 58 

samples  to  be  furnished 55 

Furniture,  cleansing  and  disinfection C  327 

destruction  of    C  329 

methods  of  cleansing  and  disinfection C328 

Garbage  and  ashes 451 

collection  and  disposition 562 

collection  and  disposition,  certain  towns 562 

disposition,  village   567 

labor  camps,  disposal. C  351 

plants  for  disposal,  village 570 

state  institutions,  disposal,  approval  of  plans 20 

Gas  tar  or  refuse  in  public  waters 523 

Gatherings,   exclusion  of  children,  households  where  certain 

communicable   diseases   exist C  316 

General  business  law,   extracts 451 

General   city   law,    extracts 457 

General  corporation  law,  extracts 461 

General  municipal  law,  extracts 465 

German   measles: 

a   communicable    disease C  305 

exclusion  from  schools  and  gatherings C  316 

exclusion  of  children  of  households C  316 

precautions  to  be  observed C  316 

Germs,  live  pathogenic,  handling  of  regulated 504 

Given  name,  supplemental  report 2  62 

Glanders,  a  communicable  disease C  305 

duties  of  undertakers C  331 

Gonorrhea: 

a  communicable  disease C  305' 

duty  of  physicians  and  others C  318 

exposure    to,     prohibited C  315 

in   infective  stage,   occupations   involving  intimate   con- 
tact with  children  forbidden  those  affected  with C  317 

physician  to  instruct  patient C  317 

records  confidential    C  317 

regulation  and  control 238 

reporting  persons  violating  laws  and  regulations C  318 


608  The  Public  Health  Manual 

Gonorrhea  —  continued  Page 
sexual    intercourse    with    person    in    military    or    naval 

service  felony 241 

submitting  specimens  for  laboratory  examination C  306 

Governor  order  inspection  of  tenement  houses 20 

require  examination  into  nuisances 17 

Grocery    or    provision    stores,    working    hours '  and    sleeping 

apartments,  male  employees,  (first  class  cities) 159 

Habit  forming  drugs,   see  narcotic   drug  control. 
Hairdresser,   person  affected  with  syphilis  in  infective  stage 

not  to  engage  in   occupation  of C  317 

Head  of  family,  to  report  apparent  case  of  tuberculosis 214 

Head  of  private  household,  duty  to  report  disease  presumably 

communicable    C  308 

Health  authorities,  to  protect  tuberculosis  records 216 

Health  certificate,  pubils  of  public  schools . .  443 

pupils  of  public,  private  or  Sunday  school C315 

Health  laws,  wilful  violation 519 

penalty 521 

Health  officer: 

application  in  writing  for  permit  for  labor  camps C  348 

appointment 24 

appointment,  consolidated  health  district 26 

approve  place  of  confinement  of  insane 480 

approve  toilet  facilities  for  labor  camp C  350 

authority  to  cause  reported  cases  of  tuberculosis  to  be 

visited  by  nurse 222 

employ  necessary  persons  to  carry  into  effect  orders 

of  board 31 

employ  public  health  nurses 35 

authorize  to  permit  inspection  of  tuberculosis  register  in 

certain  cases   C  358 

authorized      to      produce      tuberculosis      records      upon 

subpoena C  360 

cause  examination  by  medical  examiners  in  lunacy 473 

certificate  required  for  passengers  during  epidemics....  C  330 

certificate  required  for  school  attendance C315 

circular  of  information  regarding  tuberculosis 223 

cleansing,  renovation  and  disinfection  under  direction..  C  327 
commissioner    of    health    to    act,    where    board    fails    to 

appoint 19 

compensation  and  expenses.  . ; 29 

in  care  of  insane   474 

in  smallpox 30 

complaint     regarding     carelessness     of     person     having 

tuberculosis    218 


Index  609 

Health  officer  —  continued  Page 

condemn  unclean  milk  or  ice  cream  receptacles C336 

conditions    of   issuance   of   labor   camp    permit;    revoca- 


tion     c  349 

consent  required  establishment,  tuberculosis  hospital  or 

camp •        211 

public  or  church  funeral  in  certain  cases C332 

control  of  dangerous  and  careless  patients  and  carriers.        219 

copy  of  determination  of  board  on  hospital  site 213 

defined  .  . c  304 

duties : 

annual  sanitary  survey 33 

ascertain  whether  tuberculosis  cases  were  reported.        215 

attend    conferences    34 

camps ^  348 

care  of  insane  pending  commitment 480 

communicable  disease  on  dairy  farms C309 

conferences  with  sanitary  supervisors 34 

circular    C  313 

destruction  of  food  in  certain  csaes C323 

destruction   of  furniture,   bedding,   clothing,   etc C  329 

diphtheria  cultures    c  309 

diphtheria,  scarlet  fever,  measles  and  poliomyelitis.    C  319 
diphtheria,  scarlet  fever;  typhus  in  lodging  houses.  .   C  320 

direct  disinfection,  cleansing  and  renovation 216 

enforce  public  health  law  and  sanitary  code 34 

food  poisoning C  324 

furnish  physicians  with  requisition  blanks  for  tuber- 
culosis supplies 223 

code    sections    for    boarding    houses    receiving 

tuberculosis  cases C  362 

copy  of  Chap.  V  for  posting  in  camp C  349 

copy  of  water  rules  for  posting  in  camp C  351 

guard  against  introduction  of  communicable  diseases         37 

in  regard   to   insane 472 

inspect  and  score  dairy  farms C  334 

boarding  houses  receiving  tuberculosis  cases...   C  361 

for  issue  of  permit  to  sell  milk  and  cream C  334 

renewal  of  permit  to  sell  milk  and  cream.  .   C  335 

for  issue  of  permit,  labor  camp C  348 

for  license,  boarding  houses  for  children C  361 

renewal  of  license,  boarding  houses  children  C  361 
investigate  cause  of  death  occuring  without  medical 

attendance    257 


20 


610  The  Public  Health  Manual 

Health  officer  —  continued  Page 
complaint,  dangerous  or  careless  patient  or  car- 
rier         219 

issue    order   for    fee    to   physician    reporting-    tuber- 
culosis            2  22 

permit  to  establish  labor  camp C  348 

to  sell  food  from  farm  or  dairy C  323 

to  sell  milk  or  cream  in  municipalities....   C  333 

keep  tuberculosis  register 215 

record  of  persons  having  access  to  tuberculosis 

records C  358 

maintain  continuous  sanitary  supervision  over  dis- 
trict      33 

notify  tenants  of  existence  of  disease  on  premises.. C  313 

nuisances    C  353 

perform  duties  imposed  upon  physicians  under  tuber- 
culosis law . 221 

placarding  premises C  329 

posting    placards    C  313 

prohibit  carelessness  of  persons  having  tuberculosis       218 
promote   spread  of  information  regarding  prevalent 

communicable  diseases   33 

promptly    report    on    sputum    examination,    free    of 

charge    215 

quarantine  in   emergencies C320 

record  report,   recovery  of  tuberculosis  patients....        224 

report  communicable  diseases  on  dairy  farms C  309 

report  communicable  diseases  to  state  department. .  38 

group  food   poisoning    C324 

monthly,  to  state  commissioner  of  health C  358 

smallpox,   typhus,  yellow  fever,  cholera 39 

violations  insanity  law 472 

violations  tuberculosis  law  by  physician 215 

violations    by   persons   affected   with   gonorrhea, 

syphilis  and  chancroid C  318 

require    physicians    to    take    additional    precautions, 

when   necessary,   tuberculosis, 222 

sanitary    inspection,     places    of    public    assemblage         33 
secure   prompt   and   full   report,    communicable   dis- 
eases       34 

removal  to  hospital  or  isolation,  certain  cities..    C  319 

registration  births  and  deaths 34 

smallpox    contacts C  319 

smallpox,   isolation   or  removal C  318 

sue  for  recovery  of  penalty,   violations    §§    316-317, 

cadavers 208,  211 


Index  611 

Health  officer  —  continued  Page 

supply  materials  for  tuberculosis  cases 223 

transmit  circular  on  tuberculosis  to  physician  report- 
ing1 case,  or  to  patient 223 

procedure    and   precautions   blank   to    physician 

reporting  case   221 

tuberculosis,  apparent  case C  32  5 

venereal  diseases,   regulation  and  control 238 

eligible  for  appointment  as  registrar 251 

graduates  of  public  health   courses  eligible 24 

institutional  care  of  typhoid  carriers 49 

isolation    and    removal    communicable    disease    in    labor 

camp    C  352 

liable  to  penalty,  seizure  of  milk. 55 

local  board  to  prescribe  duties 29 

may  employ  assistants 31 

public  health  nurses 35 

placard   premises   prohibiting    occupancy 218 

receive  additional  compensation  for  vaccination....        200 

request  temporary  commitment  of  insane . . .        472 

medical    examination    of    persons    convicted    of    certain 

offenses     239 

medical    examination    of    persons    suspected    of    having 

venereal  disease    238 

monthly  inspection,   places   selling  foods  and  beverages 

in  health  zones   C  360 

monthly  reports  to  state  department  required C  358 

not  subject  to  suit 34 

notify  of  change  in   source   of  milk  supply C333 

notify  of  change  in  location  of  labor  camp C  348 

person  responsible  for  sanitary  condition  camp.  ...    C  349 

vacation    of    labor   camp C  348 

vacation  of  premises  by  tuberculosis  case 216 

obstructing,    in    performance   of   his   duty 519 

order  and   direction: 

cleansing,    renovation    and    disinfection 328,  C  327 

cleansing,  renovation  and  disinfection,   after  tuber- 
culosis            216 

destruction  of  furniture,    etc C  329 

perform    duties   imposed    upon    physicians   under   tuber- 
culosis law 221 

permission  required: 

discontinuance   disinfection   of  discharges C  313 

disinfection  of  excreta C  312 

isolation  of  certain  cases C  319 

public  or  church  funeral,  certain  cases C  332 


612  The  Public  Health  Manual 

Health  officer  —  continued  Page 

removal    of    articles    contaminated    with    infective 

material    C  311 

removal  of  cases  of  communicable  disease C310 

of  cases  of  disease  presumably  communicable  in 

camps    C  352 

sale  of  food  from  farm  or  dairy C  323 

permit : 

for  labor  or  construction   camp C  348 

for  sale  of  food  from  dairy  in  certain  cases C  323 

sale  of  food  or  beverages  in  health  zone C  359 

sale  of  milk  and  cream  at  retail C  333 

permit  inspection  of  tuberculosis  register C358 

placard  premises  when  orders  not  complied  with... 218,  C  329 
poor  officers  to  notify,  of  insane  or  apparently  insane..        475 

Port  of  New  York 85 

vessels  in  jurisdiction  excepted. 312,  C  311 

posting    infected    apartments    or    premises    after    tuber- 
culosis            218 

protection  of  family  of  tuberculosis  patient 221 

quaurications    24 

qualifications  established  by  public  health  council.  ...  11,  C  303 
quarantine  of  entire  household  in  certain  emergencies..    C  320 

of  persons  exposed  to  smallpox C  319 

of    unvaccinated    persons    in    household C  319 

record  of  persons  having  access  to  tuberculosis  register.    C  358 

registrar  to  report  deaths  from  tuberculosis  to 214 

reinspection  before   renewing  permit  for  sale  of  milk..    C  335 

before    renewing   permit  to  boarding   house C  361 

removal     24 

report  by: 

cases  of  persons  bitten  by  rabid  animals C306 

communicable  diseases  on  dairy  farms. C  309 

group    food     poisoning •. C  324 

known  violations  of  insanity  law 472 

monthly,  to  state  department  of  health C  358 

to  board,  regarding  nuisance C  353 

inspection  and  reinspection  of  boarding  houses.    C  361 
to  department,  communicable  disease  on  dairy  farm  C  309 
report    to : 

communicable    disease,    by    physician C  305 

in    institutions    C  307 

on    dairy    farms C  309 

discharge  of  patient  committed  under  §   326a 220 

disease  presumably  communicable,  camps C  308,  C  352 

dairy  farms   C  309 


Index  613 

Health   officer  —  continued  Page 

hotels,  boarding  or  lodging  houses,  households.  .    C  308 

schools C  307 

vessels C  308 

group  food  poisoning    C  324 

interference   with  placards C  314 

persons  convicted  of  vagrancy 239 

persons    violating    laws    and    regulations    regarding 

venereal    disease,    by    physicians C  318 

results    of    laboratory    examinations    showing    com- 
municable  diseases    38 

sore  eyes  of  infants 513 

tuberculosis,     apparent    case 214 

recovery    of    patient 224 

reports  of  contagious  diseases,  fee 39 

reports,  presumptive  evidence 34 

revocation  of  permit,  labor  camp C  349 

to  sell  food  and  beverages  in  health  zone C360 

to   sell   milk   and    cream C  333 

right  of  entrance  and  inspection C  312 

secretary  of  consolidated  board  of  health 26 

sputum  examinations  for  tuberculosis 215 

to  take  cultures  in  cases  where  diphtheria  is  suspected 

when   required    by   local  board C  309 

town,  approval  of  site  of  tuberculosis  hospital  or  camp.        212 

tuberculosis    register     215 

unjust    destruction    of    property    upon    order    of,    action 

against    municipality    for    damages 34 

venereal   disease   records   confidential C317 

where   local  board  of  health  fails  to  appoint 19 

written    reports    presumptive    evidence 34 

Health  officers,   sanitary  supervisors  to  adjust  questions  of 

jurisdiction    between     14 

Health  officials,  not  subject  to  suit 34 

Health  zone,  declaration  of,  about  military  or  naval  camp.  .    C  359 

inspection,  monthly,  of  places  having  permits C  360 

permits  to  sell  food  and  beverages C  359 

revocation  of  permit  to  sell  food  and  beverages C  360 

Hearing: 

apportionment,   sewer  system,   towns 553 

appeal   from    554 

apportionment,  sewer  system,  village 574 

appeal   from    575 

before  revocation  of  midwife's  license C346 

permit  to  sell  food  and  beverages  in  health  zone..   C  360 
permit  to  sell  milk  and  cream. C  333 


614  The  Public  Health  Manual 

Hearing  —  continued  Page 

certain  nuisances   (houses  of  prostitution) 235 

construction   of   sewers    wholly   at    expense    of   property 

benefited    ; 573 

interments  in  cemeteries,   third  class  cities 37 

order  to  discontinue  stream  pollution 69 

petition   for   approval    of    site,    tuberculosis    hospital    or 

camp,   towns    212 

revocation    of    permit    to    discharge    sewage,    refuse    or 

wastes    73 

violation  of  section   76,   or  of  permit 75 

Highway,  putting  noisome  or  unwholesome  substance  in.  .  .  .  523 

Hospital: 

accommodations   for   indigent    persons 526 

buildings,    iron   stairways    on   outside 225 

preventing  spread  of  communicable  diseases  in C  314 

removal  of  smallpox  to,     if  available C  318 

removal    to,    from    lodging    houses,    hotels    or    boarding 

houses    C  320 

removal  to,   of  diphtheria,  measles,    scarlet   fever C  319 

Hospitals     469 

Hospitals,  county,  see  county  hospital. 

for   contagious    disease,    inspection    by   commissioner    of 

health    15 

like     privileges    to     matriculated     students     of     medical 

colleges     224 

tuberculosis,   in  towns,  site  to  be  approved 211 

in   cities  of   first  class 459 

see  also  narcotic  drug  control. 
see  also  tuberculosis  hospital. 

Hotel  or  lodging  house   keeper,    to  report   diseases 38,  C  308 

Hotels    469 

bedding     248 

cleanliness  in  preparation  and  service  of  food 233 

common  drinking  cup  and  eating  utensils  forbidden.  ...  C  355 

common    towel    forbidden C  355 

diphtheria,    scarlet   fever  and   typhus   fever C320 

handling  of  food  forbidden  in  certain  cases C  32  4 

individual   towels    248 

letting   of   rooms   forbidden    C  329 

removal  of  cases  of  communicable   disease C311 

removal  to  hospital,   or  isolation C320 

reporting  cases  of  disease  presumably  communicable.  ...  C  308 

right  of  entrance  and   inspection   of  kitchens C233 

sanitary  condition,   enforcement    248 

sewers    and    drainage 248 

Household,    inmates   to   be  vaccinated   or   quarantined C  318 


Index  615 

Page 

Householder,  to  report  infectious  or  contagious  diseases.  .38,  C  308 

to    report    tuberculosis 214 

Hydrophobia,  person  bitten  by  rabid  animal C  306 

Hypodermic   syringe,    possession '. 291 

Ice     469 

Ice,  canal   522 

Ice   cream,    receptacles   to   be   kept   clean C  335 

utensils    to    be    cleansed C  336 

Illuminating   oils,    tests    452 

Incubation,    maximum    period    of C  320 

Indian  reservations,  inspection  by  sanitary  supervisor 14 

sanitary  code   may  include   provision. 10 

Indians,  indigent,  relief  in  case  of  epidemic 48 

Indigent   persons,    hospital   accommodations   for 526 

Industrial    establishment,    penalty   for   discharge    of    sewage 

"without  permit   or  report 76 

permit  to  discharge  refuse  from,  plans  to  be  submitted.  72 

Industrial  poisonings,   to  be  reported 483 

Inebriates,  commitment   482 

Infant,  reddened  or  inflamed  eyes  to  be  reported 513 

Infantile  paralysis,  see  poliomyelitis. 

Infectious  or  communicable  diseases  among  animals 380 

control  and   suppression    379 

importation   of  animals    381 

regulations   for   prevention 382 

Infectious   or   communicable   diseases   in   workshops 47 

see  also  sanitary  code,  chap.  II. 

Influenza,    exclusion  from   school 445 

Influenza,  epidemic,  a  communicable  disease C  305 

exclusion  from   schools  and   gatherings C  316 

Injunction,  nuisance    235 

permanent 236 

restraint  by  local  boards  of  health 32 

violation    237 

Inoculation  with  living  bacteria C  326 

Inquest,  coroner 257 

Insane: 

application  for  commitment  of  person  not  properly  con- 
fined     480 

arrest  of  apparently  insane  person 479 

commission  to  advise  health  officers 470 

commitment   of   inebriates,    including   habitual    users  of 

narcotics   482 

confinement  pending  commitment 479 

cost  and  expense  incurred  by  health  officers 481 


616  The  Public  Health  Manual 

Insane  —  continued  Page 

duties  of  health  officer  in  regard  to 475 

expenses  to  be  allowed  by  judge  ordering  commitment..  473 

fees  and  expenses  of  health  officers 474 

health  officer  to  care  for,  pending  transfer 481 

hearing  on  application  for  order  regarding  condition  of 

places  of  detention 471 

inspection  of  places  for  detention  pending  commitment.  470 

medical  inspectors   470 

New  York  City  or  Albany  county  insane 476 

place  of  confinement  approved  by  health  officer 480 

poor    authorities    to    notify   health    officer    of   insane    or 

apparently  insane 475 

procedure  when  order  of  commitment  has  been  made.  .  . .  477 

proceedings  to  determine  sanity ' 472 

qualifications   of  persons   employed   in   care 470 

temporary  commitment    473 

Insanity  law,    extracts 470 

Inspection: 

boarding  houses  receiving  children C  361 

county  tuberculosis  hospitals 423 

dairy  farms    C334 

hospitals  for  contagious  diseases 15 

institutions 535 

for  children    205 

labor  camp  C  348 

laboratories    C  327 

monthly,   of  places  selling  food  and  beverages  in  health 

zone    C  360 

places  for  detention  of  insane  pending  commitment 470 

potable  water  supplies 60 

public  places  and  institutions,  service  of  food 233 

public  works    19 

right  of  entrance  and C312 

sewage  discharge,  to  detect  violations 75 

shellfish  grounds 400 

state  institutions 20 

tuberculosis  registers,   permitted  in   certain  cases C  358 

Inspectors: 

cold    storage    231 

kitchens,  commissioner  of  health  may  appoint 233 

not  subject  to  suit 34 

sewer    systems,    villages 574 

written  reports  presumptive  evidence 34 

Institutions: 

butterine,  oleomargarine,  etc.,  not  to  be  sold  to 377 

cleanliness  in  preparation  and  service  of  food 233 


Index  617 

Institutions  —  continued  Page 

communicable  disease  in,  reporting. C  307 

furnishing   liquor   to   inmates   forbidden 505 

preventing  spread  of  communicable   diseases  in C  314 

private,   commitment  of  inebriates  and  drug  habitues..  482 
public,   common  drinking  cups  and  eating  utensils  for- 
bidden      C  355 

prison  made  articles  to  be  used  for  equipment 528 

purchase  of  butterine,  oleomargarine,   etc.,   prohibited..  377 

registration   of   person's    in 263 

report  of  communicable  disease  to  health  officer 38 

food  poisoning    C324 

reporting   tuberculosis    in    214 

right  of  entrance  and  inspection,  kitchens 233 

visitation,  inspection  and  supervision 535 

see  also  narcotic  drug  control. 

Institutions  for  children: 

dormitories,   ventilation,   permit  local  board  of  health..  205 

examination  and  quarantine,   children  admitted 204 

isolation  wards  required  for C  314 

monthly  examination  of  inmates  and  reports 205 

Instruments: 

barbers',    disinfection   of C  357 

manicures'  and  chiropodists',  sterilizing C357 

midwivea  forbidden  to  use C  346 

Interments    256 

in  cemeteries,  third  class  cities,  regulating 36 

Isolation: 

adult  members  of  family  may  continue  vocation,  except 

smallpox    C  310 

cases  of  disease  presumably  communicable,  camps C  352 

minimum  period  of C  321 

of  persons  affected  with  communicable  disease C310 

on  dairy  farms    C323 

or  quarantine   of  household C320 

or  removal,  diphtheria,  scarlet  fever,  measles C319 

or  removal,  from  lodging  house,  hotel  or  boarding  house.  C  320 

or  removal,   smallpox    C  318 

person  infected  with  venereal  disease 239 

reported  for  violation  of  laws  and  regulations C  318 

removal  of  cases  after  isolation C310 

wards  required  for  institutions  for  children C314 

Junior  pharmacist,  qualifications  and  examination 153 

not  to  compound  or  dispense  physicians'  prescriptions..  158 

Jurisdiction,    commissioner   of   health,   over   state    lands   for 

sanitary  purposes 13 

town  board  of  health 47 


G1S  The  Public  Health  Manual 

Page 
Justice   of   supreme   court,    approve   incorporation   maternity 

hospitals,    etc 514 

Kitchens,   right  of  entrance  and  inspection  by  commissioner 

of  health   233 

Labelling  drugs,  medicines,  etc 162 

habit  forming  drugs 290 

ice  from  canal  or  widewaters  of  canal 522 

poisons  wrongly,  or  omitting  to  label,  drugs,  etc 519 

Labor  or  construction  camp 503 

appeal  to  commissioner  if  health  officer  refuses  permit.  .  C  349 

application   in   writing   required,   for   permit C349 

case  of  communicable  disease  not  to  be  removed  without 

permission  of  health  officer C352 

conditions   of   issuance   of  permit C  349 

disposal  of  wastes  from  privies C  351 

distance  from  public  water  supply C  349 

garbage   disposal    C  351 

health  officer  notified  of  person  in  charge C  349 

of  camp  occupied  by  five  or  more  persons C347 

health  officer  to  inspect C  348 

location  and  drainage  of  stables C  351 

permit  required  for  camp  of  more  than  ten  persons  for 

more  than   six   days C  348 

person  in  charge  to  enforce  provisions  of  code C  352 

notify  health  officer  when  camp  is  vacated C  348 

report  diseases  presumably  communicable ...  C.   308,  C  352 

pollution   of   waters   prohibited C  347 

privies,  between  50  and  200  feet  from  water's  edge. ...  C  350 

privies  more  than  200  feet  from  water's  edge C  350 

regulations  to  be  posted C  349 

sanitary  overseer  for  camp  of  more  than  20  persons.  ...  C  349 

sanitary  supervisor  to  inspect 14 

subject  to  supplemental  rules  and  regulations C  352 

to  be  left  in  clean  and  sanitary  condition C  352 

toilet  facilities   to   be   provided C  349 

vacated,  permit  to  be  surrendered C  348 

water  rules  to  be  observed C  351 

Labor   law,    extracts   from 483 

^employment  certificates  of  children 492 

see  also   employment  certificates. 

children  in  mercantile  establishments 492 

enforcement  of  article   12 503 

industrial  poisonings  to  be  reported 483 

local  boards  of  health,  advised  of  revocation  of  employ- 
ment certificate 490 

industrial  poisoning,  enforcement 483 


Index  619 

Labor   law  —  continued  Page 

powers  and  duties,   tenement  made  article 491 

transmit  records   employment   certificates 489 

minors  and  children,  see  children,  minors. 
Laboratories: 

,   bacterial  count  required  for  milk  permit  only  to  be  made 

at  approved   C  343 

contracts  with 15 

distribution  of  living  cultures  of  disease  inducing  bacteria 

forbidden  unless  approved  by  commissioner C326 

duties  of  commissioner  with  respect  to 15 

establishment   of    15 

inspection     « •   C  32  7 

public  health  council  to  establish  standards 15 

registration  and  supervision,  where  live  pathogenic  germs 

are  handled    504 

reporting  results  of  examinations  showing  communicable 

disease 38 

Laboratories,  municipal: 

bacterial  count  required  for  milk  permit  may  be  made  at  C  343 
Laboratory,  county: 

compensation  and  removal  of  bacteriologist  and  assist- 
ants             4°5 

establishment 405 

Laboratory    examinations    and    analyses    for   health    officers 

and  physicians  authorized 15 

Laboratory  examination  required,  known  or  suspected  cases 

of  venereal  disease   238,  C  306 

typhoid  and  para-typhoid   C  310 

when   diphtheria  is  suspected C  309 

Lake  George    505 

health  district   35 

Land,  acquisition   19 

sanitary  purposes,   jurisdiction  of  commissioner 13 

Landlord  to  report  apparent  case  of  tuberculosis 214 

Laymen,  reporting  apparent  case  of  tuberculosis  by 214 

Lead  poisoning,  to  be  reported 48S 

Letting    of    rooms    forbidden c  329 

License: 

boarding  houses  receiving  children 512,  C  360 

chiropody    17' 

cold    storage    2  2 ' 

druggist,    displayed    

examination,  veterinary  medicine  and  surgery 138 

marriage   

maternity  hospital   512 


620  The  Public  Health  Manual 

License  —  continued  Page 

milk  gathering  station   370 

pharmacist,  displayed 157 

practice  as  midwife C  344 

undertaker    185 

prohibited,  peddling  farm  produce,  city 465 

town 543 

village    569 

Licenses,  marriage,  town  and  city  clerks  to  issue 431 

physicians,  etc.,  revoked  for  addicted  use  drugs 298 

practice  of  dentistry,  revocation 127 

Licentiates,  practice  of  dentistry 118 

Lien  upon  premises,  abatement  of  nuisances 45 

Liquors,  adulterations 53 

furnishing   to   children 514 

to  inmates  of  institutions  or  patients  of  tuberculosis 

hospitals    505 

yearly  analysis    54 

Liquor  tax  law    505 

Living  cultures  of  pathogenic  germs,  registration  of  labora- 
tories      504 

Local  board   of   health: 

action  on  nuisances   44,  C  354 

action,  convened  to  take  certain  definite 40 

actions,   authority  to   maintain 31 

almshouse,  designate  place  of  removal  of  inmates  during 

epidemic    39 

bathing  places,  sanitary  condition  of 201 

cemeteries,  resolution  regarding  interment  in,  third  class 

cities    37 

children   398 

boarding  houses  for,  inspection  report,  permit.. 206,  C  360 

renewal  and  revocation  of  license C  361 

employed,  see  employment  certificates, 
exclusion  from  households  where  certain  communi- 
cable diseases  exist C  316 

exclusion  from  schools  and  gatherings,  certain  com- 
municable  diseases    C  316 

institutions  for  children,  complaints  of  management  205 

vaccination 199 

women  and  children  in  basements 502 

commissioner  of  health: 

has  supervision  over C  303 

may  reverse  order  or  regulation 13 

notify,  of  membership  and  organization 24 


Index  621 

Local  board  of  health  —  continued  Page 

commissioner  of  labor,  may  call  upon 483 

furnish    information    regarding    communicable    dis- 
ease or  insanitary  conditions  in  tenement  houses.  491 
monthly    report    to,    regarding    employment    certifi- 
cates   489,  499 

communicable  disease: 

in  tenement  house 491 

guard  against  introduction  of 37 

may  require  cleansing  and  purification  of  premises.  37 
prescribe  conditions  for  exclusion  of  children  from 

schools  and  gatherings C  316 

smallpox,    typhus,    yellow   fever   and   cholera   to   be 

reported,  first  class  cities 39 

consolidated  health  district 25 

defined C  303 

employment   certificates    484,  492 

advised   of  cancellation    490 

monthly    report    to    commissioner    of    labor   regard- 
ing   489,  499 

women  and  children  in  basements 502 

expenses,  how  paid 26,48 

general  powers  and  duties 29 

health  officer: 

additional  compensation  for  vaccination 200 

allow  expenses  in  attending  conference 30 

appointment     24 

chief  executive  officer  of  board 29 

compensation  and  expenses 30 

failure  to  appoint   19 

prescribe  duties  and  fix  compensation 29 

report  from,  regarding  nuisance C  353 

hotels,   sanitary  conditions  in 248 

industrial  poisonings,  assist  in  securing  reports  of 483 

injunction,    restraint    by 32 

mandamus    ■ 50 

meetings    29 

special    29 

membership  and  organization 23 

milk: 

designate  expiration  of  permit C  333 

dispense  with  bacterial  count C  343 

display  of  milk  permit C  335 

may  increase  stringency  of  regulations C343 


622  The  Public  Health  Manual 

.Local  board  of  health  —  continued  Page 

mosquitoes: 

assess  expense  upon  property  benefited  by  removal 

of  breeding  places 41 

extermination  of  breeding-  places 40 

nuisances: 

abatement,    immediate    expenditure    of    money    for, 

authorized 44 

action  on    44,  C  354 

appointment  of  member  to  assist  in  examination  of, 

cities    18 

complaints  regarding,  receive  and  examine  into....  40 

enter  premises  to  remove  or  suppress 44 

health    officer's    report C  353 

notice  to  convene  to  abate 40,  C  354 

orders  and  regulations,   service  and  publication 30 

permit: 

discharge  refuse  or  wastes,  copy  transmitted  to....  72 

sewage,  transmitted  to 71 

display  of  permit  to   sell   milk C  335 

expiration,  to  sell  milk C  333 

sewage  discharge,  record 74 

workshop  in  tenement  house 47 

quarantine,    establish    37 

registrar  of  vital  statistics,  appointment 252 

report: 

commissioner  of  labor,   regarding   employment  cer- 
tificates   4S9,  499 

inspection  of  boarding  houses  for  children C  361 

inspection  of  laboratory  doing  work  for C327 

municipal  authorities  to 73 

smallpox,    typhus,    yellow    fever    and    cholera,    first 

class  cities    39 

to  state  department,  organization  and  membership.  24 

right  of  entrance,  by  officer  or  inspector  of *  C  312 

mercantile    establishment    500 

suppress  or  remove  nuisance 44 

to   ascertain   sewage   discharge 75 

to  examine  into  nuisances 40 

to  inspect  institutions  for  children 513 

sale  of  property  to  satisfy  lien 45 

samples  to  be  furnished  for  analysis 55 

sewage   disposal: 

ascertain  violations  or  noncompliance  with  §  26....  75 

copy  permit  transmitted  to  board  of  health 71,  72 

hotels,  sanitary  conditions 248 

record  permits  and  inspections  regarding 74 


Index  623 

Local  board  of  health  —  continued  Page 

right  of  entrance  to  ascertain  sewage  discharge....  75 

Susquehanna  river,   examine  into  alleged 67 

smallpox,  typhus  fever,  yellow  fever  and  cholera  to  be 

reported   in   first   class   cities 39 

subpoenas   and   warrants,    authority   to    issue 31 

tenements: 

communicable  diseases  in   491 

inspectors,  workshops  in 47 

workshop    in 47 

tuberculosis: 

direct  disinfection,  cleansing  or  renovation  after. ...  216 

enforce  reporting 215 

protect  records    216 

provide  circular  of  information  regarding 223 

vaccination : 

additional  compensation  to  health  officer 200 

duty  to  provide  free,  to  those  who  need  it C  319 

duty   to   provide   virus 39 

school  children    199 

venereal   disease: 

application  for  free  treatment,  indigent  persons....  240 
duty    when    person    reported    for    violating    law    or 

regulation  regarding    C  318 

medical  examination  persons  suspected  of  having..  238 

provide  free  treatment  for  indigent  persons 240 

records  confidential   C  317 

rules  and  regulations  for  persons  affected  with....  239 
see  also   chancroid,  gonorrhea  and  syphilis. 

violations: 

ascertain,    §    76 75 

law  or  regulation  regarding  venereal  disease,  duty.  .  C  318 

to   be   reported    75 

wilful,   of  lawful  order,   misdemeanor 519 

water  rules  and   regulations,   enforce 60 

Local  board  of  health,  town: 

no  jurisdiction  over  city  or  incorporated  village 47 

village  not  to  be  taxed  to  maintain 48 

Local  board  of  health,  village: 

powers   and  duties   as  to   sewers 32 

Local  ordinance,  commissioner  may  reverse 13 

Local   ordinance,    sanitary   code    supersedes 11 

Local  sanitary  regulations  supplement  sanitary  code 11 

Lodging  houses: 

common  eating  and  drinking  utensils  forbidden C  356 

common  towel  forbidden C  355 

diphtheria,  scarlet  fever  or  typhus  fever  in C  320 


624  The  Public  Health  Manual 

Lodging   houses  —  continued  Page 

letting  of  rooms  forbidden  while  contaminated C  329 

receiving    tuberculosis    cases,    health    officer    to    furnish 

proprietor  with  literature C  362 

inspection  by  health  officer C  361 

regulations  to  be  posted C  362 

removal  case  of  communicable  disease C311 

removal  to  hospital  or  isolation C  320 

reporting  cases  of  disease  presumably  communicable. ...   C  308 

Magistrate: 

commitment  of  dangerous  and  careless  patient  by 219 

report    to    health    officer,    persons    convicted    of    certain 

offenses    239 

Mandamus    50 

Manicures  and  chiropodists C  357 

hands  and  instruments  to  be  cleansed  and  sterilized...   C  357 
person   affected   with  syphilis  in   infective   state   not  to 

engage  in  occupation  of C  317 

regulations  to  be  posted C  358 

utensils  and  instruments  to  be  kept  clean  and  sanitary  C  357 

Manufactures  in  tenement  houses  and  dwellings 46 

Maps  and  plans,   sewer  systems,   towns,   approval 551 

villages    571 

Marriage   506 

a    civil    contract 428 

after  divorce    426 

certified  records  presumptive  evidence 437 

clergyman  or  officer  violating  article 435 

when  protected   435 

false  statements  and  affidavits 435 

how   solemnized    430 

issuing  license  in  certain  cases  misdemeanor 432 

license  fee    434 

required > 430 

unlawful  procurement 518 

must  be  solemnized  by 428 

parents  of  illegitimates,  effect 438 

records  kept  by  county  clerk 436 

records  kept  by  town  and  city  clerks 435 

records   transmitted  to   state   department 436 

when  license  to  be.  obtained 438 

written  contract   428 

Marriages: 

by  city  clerk,  New  York  City , 429 

duty  of  town  and  city  clerks 432 

forms  and  books  to  be  furnished 437 

incestuous  and  void    425 


Index  625 

Marriages  —  continued  Page 

solemnizing   unlawful   and    unlawful    solemnizing   of....        517 

statement  regarding  venereal  disease 432 

town  and  city  clerks  to  issue  license 431 

void     425 

voidable 42  6 

written  consent  of  parents  of  minors 433 

Masseur,  person  infected  with  syphilis  in  infective  state  not 

to  engage  in  occupation  of C  317 

Maternity  hospital,  maintaining  without  permit 512 

requirements  for  incorporation 514 

Mattresses    506 

manufacture   and   sale 454 

sterilization  of  materials  required 454 

Measles: 

a   communicable    disease C  305 

contacts  not  to  handle  food  or  food  products  for  sale       C  323 

disinfection  of  discharges C  312 

-  distribution  of  circulars  and  notification  of  tenants....   C  313 

exclusion    from    school 445 

exclusion  from  schools  and  gatherings C316 

of  children  of  household  where  disease  exists C  310 

exposure  prohibited   C  314 

exposure  to,  prohibited C  3ir> 

handling  of  food  forbidden,  certain  cases C323 

letting  of  rooms  forbidden  while   contaminated C  329 

maximum  period  of  incubation C  321 

minimum  period  of  isolation C  321 

placarding     C  313 

precautions  to  be  observed  by  physician  and  attendants.   C  313 
public  or  church  funerals  forbidden  without  consent  of 

health  officer C  332 

quarantine  of  entire  household  in  emergency C320 

removal  of  case C  311 

removal   to   hospital   or   isolation C  319 

Medical  certificates,  registration  of  deaths 256 

colleges,   cadavers    206 

cadavers  in  certain  counties 208 

privileges  of  students  in  hospitals. 224 

Medical  examiners,   state  board  of 102 

meetings   103 

powers 102 

Medical  inspection  of  school  children,  see  schools. 

Medical   inspector,   certificate   for  school  attendance.  ..  .445,  C  315 

Medical  practice  at,  expenses 103 

Medicine    506 


626  The  Public  Health  Manual 

Page 
Medicine,  for  treatment  of  venereal  diseases,  advertising  for- 
bidden      515 

to  be  dispensed  only  upon  physician's  prescription 240 

midwives  forbidden  to  practice C  346 

Medicine,  practice  of 101 

admission  to  examination  for  license 103 

certificate  presumptive  evidence;   unauthorized  registra- 
tion and  license  prohibited Ill 

conduct  of  examination  for  license 105 

.  construction  of  article 112 

defined     ." 101 

examination  questions  for  license 105 

license    106 

osteopath  not   to  administer  drugs  or  perform   surgery 

with  instruments   113 

penalties  and  their  collection , 13  3 

registry  in  another  county Ill 

registry  of  license 108 

revocation  of  license 109 

Medicine,  qualifications  to  practice 101 

Medicine,  veterinary,  and  surgery 134 

Medicines,  careless  distribution  of  samples 521 

Meningitis,  sale  of  serum  for  treatment  regulated C  362 

Meningitis,  epidemic  cerebrospinal: 

a   communicable    disease C  305 

carriers  of  disease  germs C  324 

destruction  of  food  in  certain  cases C  323 

disinfection  of  discharges C  313 

distribution  of  circulars   C  313 

duties    of    undertakers C  331 

exclusion  from  schools  and  gatherings C316 

exclusion  of  children  of  households  where  disease  exists  C  316 

health  officer  to  distribute  circulars  and  notify  tenants.  .  C  313 

health  officer  to  instruct,  as  to  disinfection  of  discharges  C  313 

health  officer  to  placard  premises C  313 

letting  of  rooms  forbidden   C  329 

minimum  period  of  isolation C  321 

on  dairy  farms,  destruction  of  food  in  certain  cases.  ...  C  323 
on    dairy    farm,    sale    of   food    permitted    under    certain 

conditions C  322 

placarding C  313 

quarantine  in  certain  emergencies C  320 

removal  of  cases C  311 

reporting  on  dairy  farms C  309 

Mercantile  establishments,   see  labor  law. 

Mercury  poisoning,  to  be  reported 483 


Index  627 

Page 
Methods  and  precautions,  cleansing,  renovation  and  disinfec- 
tion     C  328 

Midwife: 

birth  certificate   filed  by 259 

failure  to  report  sore  eyes  of  infant 512 

license,  application  for C  344 

good  only  during  current  calendar  year C  346 

qualifications  for    C  345 

required     C  344 

revocation C  346 

may  take  cases  of  normal  labor  only C346 

registration    required 262,   C  344 

only  licensed  to  be  registered C  344 

sanitary  code  may  include  provisions  regulating  practice         10 
state  department  register  presumptive  evidence  right  to 

practice   C  346 

subject  to  rules  and  regulations  of  state  department.  ...    C  347 
use    of    instruments,    prescribing    medicines    or    treating 

disease,   forbidden    C  346 

Milch  cows,  kept  in  insanitary  places  and  feeding  unwhole- 
some food   511 

Military  camp,   declaration  of  health  zones C359 

Military   service,   person   in,    sexual   intercourse   with,    while 

affected  with  venereal  disease,  a  felony 241 

Milk    , 506 

adulterated,  defined   364 

penalty  for  delivery  to  factory 367 

sale  forbidden 366 

bacterial  count  required  for  grading C  338-C  341 

may  be  waived   C  343 

branded  cans,  etc.,  registered 368 

not  to  be  sold 367 

cans,  unlawful  detention  of 451 

and   receptacles,    insanitary,    condemned 373,   C  336 

care  and  feed  of  cows  and  keeping  of  produce  from. .  . .        365 

certified,    defined    C  337 

regulating   sale   of 366 

conditions  of  bottling   C  335 

defined 365 

destruction  in  certain  cases C  323 

examination  of  herd  at  request  of  owner 385 

grading    C  337 

in  cold  storage  warehouses C  343 

kept  only  under  sanitary  conditions C  335 

license  not  to  be  required  for  peddling 465,  543,  569 

milk  gathering  stations 370 


628  The  Public  Health  Manual 

Milk  —  continued  Page 

local  authorities  may  increase  stringency  of  regulation.  C  343 

pasteurization,    temperature C  336 

permit,  application  for C  333 

public  display  of C  335 

required  for  sale  at  retail C  333 

physical  examination  of  cows 383 

receptacles  not  to  be  used  for  other  purposes 368,  375 

to  be  cleansed  before  returning 374 

to  be   kept  in  sanitary  condition C  335 

unclean,    and   places  for  keeping 370 

sale  forbidden  in  certain  cases C322 

samples  to  be  taken  when  seized  by  health  officer 55 

skim,  sale  of   369 

sale  without  marking   511 

utensils  to  be  cleansed C  336 

Vessels: 

care  and   cleansing C  335 

condemned  and  seized C  336 

condition  when  sold  filled C335 

Minors: 

employment 483,  492 

employment  certificates 484,  492 

in  reformatories,  furnishing  tobacco  to 514 

Morphine,  .see  narcotic  drug  control. 

Mosquitoes    506 

assessing  cost  of  removal  of  breeding  place  on  property 

benefited 41 

municipality  may  bear  part  of  expense 42 

drainage,  assessing  expense  upon  property  benefited....  43 

expense  of  removal  of  waters  where  larvae  breed 40 

extermination  commission,  county 271 

extermination,  Suffolk  County 507 

Mumps: 

a   communicable   disease C  305 

exclusion  from  school 445 

from  schools  and  gatherings C  316 

children  of  households C  316 

maximum  period  of  incubation C321 

minimum  period  of  isolation . C  321 

precautions  to  be  observed C  316 

removal  of  case C  311 

Municipal   authorities : 

provide  medical  and  nursing  care  when  case  can  not  be 

removed   to  hospital C  320 

report  to  local  board  of  health  sewage  discharge 73 

Municipality,  defined 24,  C  303 


Index  629 

Narcotic  drug1  control:  Page 

acts  prohibited;  registry 284 

administration  of  drugs  by  hospitals  and  institutions. .  291 

apothecaries 286 

authorized  possession  of  drugs  by  consumer 290 

branch  administrative  districts 282 

commitment  of  addicts    296 

construction  of  article 299 

definitions     280 

dentists    286 

department  of;   commissioner;   powers   and  duties 282 

deputies;   secretary,    employees 283 

drugs  delivered  to  department 295 

exceptions  and  exemptions  not  required  to  be  negatived  299 

exemptions  from  restrictions 295 

false  representation 298 

fraud,    deceit,    etc 297 

hypodermic  syringes   291 

labels   290 

manufacturer  to  have  certificate 285 

orders  upon  official  blanks 285 

penalties 299 

physicians     293 

possession  of  drugs  further  restricted 290 

powers  of  commissioner  and  deputies 282 

preparations  and  remedies 286 

private  hospitals  and  institutions  to  be  authorized 291 

records    and   reports 292 

records  confidential   295 

revocation   of  license    298 

rules  and  regulations    282 

veterinarians,  acts  permitted 286 

voluntary  hospital  commitment 297 

wholesaler  to  have  certificate 285 

Narcotics     509 

Narcotics,    habitual  users,   commitment 482 

having   in   possession    523 

Nassau  county  mosquito  extermination  commission 271 

Naval  camp;  declaration  of  health  zone C  359 

Naval  service,   person  with  venereal  disease  having  sexual 

intercourse  with  person  in,  felony 241 

Navigation  law 509 

New  York  City  excepted 50 

from  provisions  of  state  sanitary  code 10 

provisions    of    tuberculosis    law 224 

vital  statistics  law    271 

Noisome  business  or  manufacture  near  public  highway....  523 


630  The  Public  Health  Manual 

Notice,  service  of:  Page 
by  health  officer,  prohibiting  carelessness  of  person  hav- 
ing tuberculosis 218 

by   sewer   commissioners,    apportionment   of   assessment 

for  sewer  system,  town 553 

village    575 

hearing,    construction    of    sewer    wholly    at    expense    of 

property  benefited    573 

order  to  discontinue  pollution  of  waters 68 

revocation  or  modification,  permit  to  discharge  sew- 
age,  refuse   or   wastes .  73 

tuberculosis   hospital   petition    212 

violation  of   §    76 75 

upon  owner  of  property  sold  to  satisfy  lien 45 

of  meeting  for  reapportionment,  town 555 

village    576 

regarding  construction  of  laterals  in  same  district.  .  560 

taken  by  county  for  tuberculosis  hospital 409 

upon  person  or  corporation  owing  or  controlling  ceme- 
tery, third  class  city 36 

person  violating  water  rules 61 

upon   sewer  commissioners,   appeal  from  apportionment, 

sewer   system,   town 555 

Noxious  trades  prohibited  within  three  miles  of  cities 50 

Nuisance   509 

actions  to  restrain,  second  class  cities 533 

board  may  advance  money  for  suppression  of 44 

may   enter  premises   to   suppress 44 

to  convene  and  take  definite  action C  354 

to  convene  promptly  and  abate C  354 

cities  excepted  from  code  regulations C  354 

duty  of  local  board 40 

expense  of  abatement  lien  upon  premises 45 

health  officer's  report  to  board C  353 

health    officer    to    forward    copies    to    commissioner    of 

health  if  board  fails  to  act C  354 

health  officer  to  investigate  and  abate  if  possible C  353 

investigations  ordered  by  governor 17 

maintained   by   corporation   outside   state;    forfeiture   of 

charter 461 

maintaining    518 

member  of  board  to  assist  commissioner  in  examination, 

cities    18 

notice  to  board  to  convene  for  abatement 40,  C  354 

orders  for  suppression,  publication  not  required 30 

powers  of  commissioner  to  examine  into 17 

public,    defined    518 

unequal  damage   518 


Index  631 

Nuisance,   certain    (houses  of  prostitution,   etc.)  Page 

action  to  enjoin    234 

costs     236 

discontinuance   of  action 236 

effect  if  portion  of  article   unconstitutional 237 

houses  of  prostitution  declared  to  be. , 234 

jurisdiction   and  procedure 235 

permanent  injunction    236 

permitting'  use  of  building  for 518 

trial  of  action    236 

violation  of  injunction 237 

Nurse 510 

authority,  board  of  managers  of  county  tuberculosis  hos- 
pital, to  employ 412,  416 

board  of  examiners;   examination;  fees 169 

cleansing  and  disinfection  of  the  person C329 

county  tuberculosis  hospital,  exempted  from  jurisdiction 

of  board  of  supervisors    404 

duty   to  carry  out  disinfection   of  discharges  until   dis- 
continuance permitted  by  health  officer C313 

disinfection  of  excreta C  312 

failure  to  report  sore  eyes  of  infant 512 

person  with  syphilis  in  infective  stage  not  to  act  as.  .  .  .    C  317 

precautions   to   be   observed C  313 

public  health,  health  officer  may  employ 35 

not  subject  to  suit 34 

public  health  council  to  prescribe  qualifications....  11 

state  commissioner  of  health  may  employ  and  assign         14 

visit   tuberculosis  cases 223 

works  under  direction  of  health  officer 35 

works  under  direction  of  physician,  tuberculosis....        223 

written  reports  presumptive  evidence  of  facts 34 

registered,   who  may  practice  as 169 

registration;    violation    of    article 171 

registration;   waiver  of  examination 170 

report  apparent  case  tuberculosis 214 

case  of  disease  presumably  communicable C  308 

food   poisoning    C  324 

right  of  entrance  and  inspection C  312 

school,    to   aid   medical   inspector 442 

separate,  for  tuberculosis  wards,  city  hospital 460 

Nursemaid: 

person  with  syphilis  in  infective  stage  not  to  engage  in 

occupation  of C  317 

Nursing,   public  health,   division   of 12 

Obstructing  health  officer  in  performance  of  duty C  312,  519 


632  The  Public  Health  Manual 

Page 
Occupant  of  premises  to  notify  health  officer  of  interference 

with  placard    C  314 

Occupancy  forbidden  until  order  of  health  officer  complied 

with 218,  C  329 

Office  building,  common  towel  forbidden C355 

Officers  and  employees,  state  department  of  health 11 

Official  oaths  529 

Oils,  illuminating,  standard  and  storage  of 452 

Oleomargarine,  not  to  be  sold  to  institutions 377 

purchase  for  institutions  prohibited 377 

Omission  of  duty  by  public  officer 525 

Operations  for  prevention  of  procreation. 245 

Ophthalmia  neonatorum,  a  communicable  disease C  305 

Opium,  see  narcotic  drug  control. 

Optometry 510 

certificate  to  be  recorded  and  displayed 191 

construction  of  article 197 

fees 195 

power  of  board  of  examiners 189 

practice   defined    189 

revocation    of    certificate 194 

state  board  of  examiners 189 

violations  of  article   196 

Order  blanks,  official,  narcotic  drugs 285 

Order  to  discontinue  stream  pollution 69 

Orders  and  regulations,  local  board  of  health 30 

Osteopath,  not  to  administer  drugs  or  perform  surgery  with 

instruments    113 

Osteopathy   511 

admission  to  examination  for  license 105 

Overflow  of  water  from  canals 17 

Oysters  and  shellfish 511 

Para -typhoid  fever: 

communicable  disease C  305 

instructions  as  to  disinfection  of  excreta C312 

minimum  period  of  isolation C  322 

reporting  on  dairy  farms C  309 

sample  of  blood  for  laboratory  examination C  310 

Parents : 

birth  certificate  filed  by 259 

children  with  certain  communicable  diseases  not  to  at- 
tend school C  316 

duty  to  compel  school  attendance 446 

given  name  of  child  registered  by 262 

penalty  for  failure  to  compel  school  attendance 447 

Pasteurization  of  milk  and  cream C  336 


Index  633 

Patients:  Page 

county  tuberculosis  hospital,  admission  from  county....  420 

from   county  not  having  hospital 422 

maintenance  of  patients  from  county 421 

patients  from  county  not  having  hospital.  .  .  :  .  .  423 

dangerous  and  careless,  control  of;  commitment 219 

Peddling  farm  produce    (milk)   license  prohibited 465,   543,  569 

Pedic  society  of  the  state  of  New  York 171 

Penal    law ;    extracts 511 

Penalty: 

agricultural    law     376 

clergyman  or  officer  violating  domestic  relations  law...  435 

cold  storage  law 232 

delivery  of  adulterated  milk 367 

discharge  of  sewage  without  permit 76 

failure  of  physician  to  perform  duties;  making  false  re- 
ports (tuberculosis)    223 

food  preparation  and  service 233 

narcotic  drug  control 299 

narcotics  in  possession 523 

putting  noisome  substance  in  highway 523 

refusal  to  furnish  sample  of  food  or  drugs 55 

seizure  of  milk  without  taking  samples 55 

selling  wine  not  properly  labelled ' 57 

solemnizing  unlawful  marriages 517 

violation  of  domestic  relations  law 437 

health  laws  or  regulations 2  2 

orders  of  local  board  of  health 31 

public  health  laws,  regarding  drugs 521 

regulations  of  sanitary  code C  304 

tuberculosis  law    223 

venereal  disease  law 240 

willful,   of  health  laws 519 

vital  statistics   law 2  68 

Permit: 

burial  or  removal 253 

fee 267 

to  license  undertakers  only   (death  from   infectious 

diseases)      265 

discharge  of  refuse  from  industrial  establishment 71,  72 

sewage 70 

dormitories  in  institutions,  ventilation 206 

record,  sewage  or  refuse  discharge 74 

required  for  labor  or  construction  camp C348 

sale  of  food  and  beverages  in  health  zone C  359 

sale  of  milk  or  cream  at  retail C  333 


634  The  Public  Health  Manual 

Permit  —  continued  Page 

revocable,  discharge  of  sewage  or  wastes 72 

summer  vacation 497 

Person  affected  with  communicable  disease: 

adult  members  of  family  not  to  be  quarantined,  certain 

cases C  310 

disinfection  of  person C  329 

exclusion  from  schools  and  gatherings C316 

exposure  forbidden C  315 

handling  of  food  forbidden C  32  3 

not  to  engage  in  occupation  of  barber C  356 

Persons  affected  with  venereal  disease: 

occupations  forbidden,  syphilis  or  gonorrhea  in  infective 

stage C  317 

sexual  intercourse  with  person  in  military  or  naval  serv- 
ice felony 241 

Person  in  attendance: 

cleansing   and   disinfection   of   person C  329 

duty  to  carry  out  disinfection  of  discharges C  313 

duty  to  carry  out  disinfection  of  excreta C312 

observe  precautions C  313 

Person  in  charge: 
barber  shop: 

keep  shop  in  sanitary  condition. C  356 

post  regulations  of  code C  357 

boarding  house  receiving  tuberculosis: 

health  officer  to  furnish  code  regulations C362 

posting  code  regulations C  362 

camp,  to  report  disease  presumably  communicable C  308 

not  to  allow  removal  of  case C  352 

to  notify  health  officer  of  vacation  of  camp C  348 

to  report  food  poisoning C  32  4 

to   see   that   chapter  V   is   enforced C  352 

dairy  farms: 

report  disease  presumably  communicable C  309 

dispensary: 

prevent  spread  of  infective  material C314 

report  communicable  diseases C  307 

report    food    poisoning C324 

hospital  or  institution: 

prevent   spread   of   infective   material C314 

record  of  persons  in 26S 

report  of  communicable  diseases C307 

report  food  poisoning C  324 

lavatory  or  wash  room: 

not  to  provide  common  towel C  35a 


Index  635 

Person  in  charge  —  continued  Page 
premises: 

notify  health  officer  of  vacation  by  tuberculosis  case.  216 
schools: 

enforce  vaccination  law 199 

exclude  cases  of  disease  presumably  communicable.  C  315 

report  cases  of  disease  presumably  communicable..  C  307 
Sunday  schools: 

exclude  cases  of  disease  presumably  communicable.  C  315 
temporary  living  quarters: 

notify  health  officer  of  location C  347 

vessels : 

report  concerning  disease  presumably  communicable.  C  308 
Petition: 

construction  of  laterals,  town  sewer  districts 560 

construction  of  sewer  village 573 

hearing  on  tuberculosis  hospital 212 

reapportionment,   town  sewer  system 555 

sewer  systems,  towns 545 

Pharmacies 155 

Pharmacists 152 

see  also  narcotic  drug   control. 

Pharmacy 526 

Phosphorous  poisoning  to  be  reported 483 

Physical  examination,  children  in  factories '    489 

Physician: 

acts  of  intoxicated 524 

approved  by  board  of  health  for  treatment  of  venereal 

disease 2  39 

called  by  midwife C  347 

compound  medicines  and  fill  prescriptions 156 

course  of  treatment  for  venereal  disease 239 

dispensing  and  prescribing  narcotic  drugs 288 

duty: 

concerning  tuberculosis    C  325 

apparent  case  of C  325 

to  instruct  person  affected  with  venereal  disease.  .  ..C  317 

to  leave  instructions  as  to  disinfection  of  discharges.  C  312 

to  leave  instructions  as  to  disinfection  of  excreta   . .  C  312 

to  obey  law  regarding  venereal  disease C318 

to  report  communicable  diseases C  305 

to  report  food  poisoning C  324 

to  submit  material  for  cultures,  when  diphtheria  is 

suspected C  309 

examination  of  person  suspected  of  venereal  disease.  .  .  .  238 

failure  to  report  case  of  communicable  disease C  326 


036  The   Public  Health  Manual 


ip-p 


Physician  —  continued  Pagu 

fee  for  caring  for  tuberculosis 221 

reporting  births  and  deaths 266 

communicable    disease    38 

industrial  poisonings  to  be  reported 483 

institutions  for  children,   monthly  examinations 204 

isolation  of  persons  affected  with  communicable  disease.  C  310 
notify  health   officer  of  vacation  of  premises  by   tuber- 
culosis  case    216 

violation  of  law  and  regulations  regarding  venereal 

disease C  318 

violation  of  ventilation  provisions 206 

only  licensed  physician  to  treat  venereal  disease 240 

penalty  for  false  statement  or  report,  tuberculosis 223 

precautions  in  disinfecting  persons  and  garments C  313 

protection  of  family  of  tuberculosis  patient 221 

public  health  nurse  under  direction  of 223 

register  births   259 

register  with  registrar  of  vital  statistics 262 

report  communicable  disease  on  dairy  farm C308 

communicable  disease  to  health  officer 38,  C  305 

report  food  poisoning C  324 

report  to  health  officer  persons  bitten  by  rabid  animal..  C  306 

recovery  of  tuberculosis  patient 224 

report  to,  sore  eyes  of  infant 513 

revocation   of  license,   addicted  to  use   of  habit-forming 

drugs 298 

statement  of  procedure  and  precautions  in  tuberculosis 

case 221 

submit  material  for  cultures,  suspected  diphtheria C  309 

samples  of  blood,  suspected  typhoid  or  para-typhoid  C  310 
specimens     for     laboratory     examination,      syphilis, 

gonorrhea   and    chancroid C  306 

see  also  narcotic  drug  control. 

Physician's  certificate,  employment  of  children 494 

Placards: 

common   carriers  during   epidemic C  331 

interference  with,  prohibited C  314 

posting,  in  certain  communicable  diseases C313 

rooms  not  to  be  occupied  until  cleansed,  etc C329 

Places  of  public  assemblage,  inspection  by  health  officer. ...  33 

spitting  on  floors  forbidden C  355 

Plague: 

a   communicable    disease C  305 

duties  of  undertakers C  331 


Index  637 

Plans:  Page 

approval,  county  tuberculosis  hospital 410 

municipal  water  supplies 402 

removal  or  disposal  of  sewage 71 

state  building's  and  institutions 20 

public  works,  commissioner  may  examine  or  copy 19 

refuse  discharge  pipes,  to  be  submitted 72 

sewage  system  or  disposal  works,  approval  of  conserva- 
tion   commission     required 403 

sewerage  or  sewage  disposal,   to  be  submitted 71 

Plumbing: 

in  cities 457 

separate  for  tuberculosis  wards,  city  hospitals 460 

Pneumonia: 

a   communicable   disease C  305 

sale  of   serum  for  treatment  regulated C362 

Poisons 162 

Poisoning  food,  wilfully   524 

Poisoning,  industrial,  report  by  physician 483 

Poliomyelitis,    acute   anterior    (infantile   paralysis) : 

a  communicable  disease C  305 

carriers,  subject  to  rules  and  regulations C  32  4 

contacts  not  to  handle  food  or  food  products C323 

disinfection  of  discharges C  313 

exclusion  from  schools  and  gatherings C316 

of  children  of  households  where  disease  exists C  316 

exposure  prohibited C  315 

health  officer  to  distribute  circulars  and  notify  tenants. .   C  313 

health  officer  to  placard  premises C  313 

letting  of  rooms  forbidden  while  contaminated  with  in- 
fective  material    C  329 

maximum  period  of  incubation C  321 

minimum  period  of  isolation C  321 

on  dairy  farms,  destruction  of  foods  in  certain  cases.  .  .    C  323 

reporting C  309 

sale  of  food  permitted  under  certain  conditions....    C  322 

Quarantine  of  entire  household  in  emergencies C320 

removal  of  case    C  311 

removal    to     hospital    or    isolation    and     restriction     of 

visiting C  319 

see    also    disease,    communicable    and    disease    pre- 
sumably communicable. 
Pollution: 

actions  by  municipalities  to  prevent  sewage  discharge..  76 

constructions  and  limitations  by  §§  76-85 76 

discharge  of  sewage  and  other  matter  into  certain  waters 

prohibited 67 


63S  The  Public  Health  Manual 

Pollution  —  continued  Page 

discharge  of  sewage  into  Susquehanna  prohibited 67 

into  Wallkill  creek  prohibited 67 

inspection  of  water  supply 60 

of  waters  prohibited 401 

in  camps C  347 

order  to  discontinue  pollution  of  waters 68 

penalties 76 

permission    to    discharge   refuse    or   waste    matter   from 

industrial    establishments    .71 

to  discharge  sewage 70 

plans  for  refuse  discharge  pipes  must  be  submitted 72 

records  of  permits;  inspection  of  local  boards 74 

reports  of  municipal  authorities  to  local  boards 73 

reports  of  proprietors  of  industrial  establishments 74 

revocation  of  permit   72 

rules  and  regulations  for  water  supplies  legalized 62 

rules  and  regulations  of  department 59 

sewage  disposal  as  affecting  potable  waters 403 

sewerage 63 

violations,  service  of  notice,  actions 75 

Poor  law,  extracts 526 

Port  of  New  York,  health  officer,  etc 85 

quarantine  at    78 

excepted  from  provisions  of  code C  311 

Potable  waters: 

inspection  of  water  supply 60 

rules  and  regulations  for  protection  from  contamination.  59,  62 

sewage  disposal  affecting 403 

water  rules  to  be  observed,  camps C  351 

Prescription,    filled    but    once,     for    treatment    of    venereal 

disease 240 

narcotic    drug    control 287 

omitting  to  label  drugs  or  labelling  wrongly 519 

physician  may  fill 156 

Prison  law    528 

Prison  made  articles,  to  be  used  in  institutions 528 

Private  house,   presumably  communicable  disease  to  be  re- 
ported      C  308 

Procreation,   operations  for  prevention  of: 

board  of  examiners,  compensation  and  expenses 245 

powers  and  duties   246 

counsel  to  person  to  be  operated  upon 246 

operations,  unauthorized  and  illegal 247 

persons  to  be  operated  upon 246 


Index  639 

Page 

Proprietors  industrial  establishments,  reports 74 

Prostitution,   house  of,   declared  nuisance 234 

Prostitution,  permitting  use  of  building  for 518 

Public  conveyance,   common  towel  forbidden C  355 

placarding,    during    epidemic C  331 

spitting   forbidden    C  355 

Public  hall,  common  drinking  or  eating  utensils  forbidden..  C  356 
Public  health  council:     - 

appointment,  qualifications,  term  of  office 9 

authorize  use  of  tuberculosis  reports 39 

decide  diseases  considered  communicable 264 

duties 10 

establish  regulations,  contagious  disease  hospitals 16 

Indian  reservations    10 

rules  and  regulations,  registration  births  and  deaths.  250 

standards  for  laboratories 15 

meetings 9 

prescribe  qualifications 11 

registrars  of  vital  statistics 251 

regulate  practice  of  midwifery 10 

sanitary  code 10 

Public  health  law,  health  officer  to  enforce 34 

sanitary   supervisor   to   enforce 14 

state  commissioner  of  health  to  enforce. . . .'. 12 

Public  health  laws,  penalty  for  violations 22,  521 

wilful  violation    519 

Public  health   nurses,  see  nurses,  public  health. 

Public  officer,  omission  of  duty  by 525 

taking  unlawful  fees 530 

Public  officers'   law,   extracts 529 

Public    places,    common    eating    and    drinking    utensils    for- 
bidden   , C  355 

spitting   forbidden    C  355 

unguarded  coughing  and  sneezing  forbidden C  355 

Public    service    commissions    law,    extracts 530 

Public  water  supply;  minimum  distance  of  labor  camp  from.  C  349 

Public  waters,  throwing  gas  tar  or  refuse  into 523 

Public  works,  examination  and  inspection 19 

Publication: 

advertisement,  sewer  construction,  towns 551 

villages    574 

list  of  articles  exempt  from  provisions  regarding  adultera- 
tions       53 

local  orders  and  regulations  by  board  of  health 30 


640  The  Public  Health  Manual 

Publication  —  continued  Page 

notice  of  construction  of  laterals 560 

hearing,  apportionment  of  assessment 554 

order  to  discontinue  water  pollution 69 

petition  to   establish  sewer  system 548 

tuberculosis  hospital  site 212 

regulating  interments  in  cemeteries,  third  class  cities  37 

regulation  and  declaration  regarding  adulterations.  54 

requiring  connection  with  sewer,  towns 558 

villages   579 

rules  and  regulations  for  protection  public  water  supply.  60 

sale  of  property  satisfaction  of  lien 45 

Puerperal  septicaemia,  a  communicable  disease C  305 

Pulmonary  tuberculosis  see  tuberculosis. 

Qualifications  for  holding  office 529 

license  as  midwife C  345 

practice  of  medicine    101 

public  health  council  to  establish 11 

Quarantine: 

adults,  in  certain  cases C  310 

children  admitted  to   certain   institutions 204 

commissioner  of  agriculture  may  declare 380 

entire  household  in  emergencies C  320 

premises  or  animals    383 

Port  of  New  York 78 

rabies,  commissioner  of  agriculture 393 

smallpox,    or   vaccination   of   contacts C  319 

Quarantine    station,     commission    to    negotiate    transfer    to 

United   States    82 

Port  of  New  York 78 

Rabies: 

a  communicable  disease   G  305 

quarantine   by   commissioner  of  agriculture 393 

reporting  person  bitten  by  rabid  animal C  306 

Railroad,   to  notify  health  officer  of  camp  for  five   or  more 

persons C  347 

Railway  car  or  station;  common  drinking  or  eating  utensils 

forbidden C  356 

Railway  station:  common  towel  forbidden C  355 

Ray  Brook,   courses  for  county  tuberculosis  hospital  super- 
intendents at 537 

free   patients,    admission    537 

support 540 

private  patients,  admission 539 

support 540 

Reapportionment,  construction  sewer  system,  town..' 555 

village 576 


Index  041 

Page 

Reciprocal  licenses,  embalming 187 

Record,  permits  for  sewage  discharge 74 

Records  confidential,  of  tuberculosis 39,   215,  C  358 

of   venereal  disease   (chancroid,   gonorrhea,  syphilis)  .2  40  C  317 

Records,  narcotic  drug  control 292 

persons  having  access  to  tuberculosis  register C  358 

tuberculosis,  may  be  produced  only  upon  subpoena.....  C  360 

Recovery  of  tuberculosis  patient,  report  to  health  officer....  224 
Refuse  or  waste  matter,  see  sewerage  and  sewage  disposal. 

Refusing  to  surrender  to  successor 525 

Register,  tuberculosis,  to  be  kept  by  health  officers 215 

Registrar  of  vital  statistics: 

appointment 251 

charged  with  enforcement  vital  statistics  law 270 

district  records  kept  by 265 

duty,  when  deaths  from  communicable  disease  reported.  C  325 

fees  for  reporting  births  and  deaths. 266 

issuing  burial  or  removal  permits 267 

qualifications 251 

register  licensed   midwives   only C  344 

registration    of    midwives C  344 

after  issuance  of  license  and  change  of  address. ...  C  344 

of  midwives,  physicians  and  undertakers 262 

removal  by  commissioner  of  health 252 

report  promptly  deaths  from  tuberculosis 214 

subregistrar  appointment  authorized 252 

supplemental  report,  given  name  of  child 262 

transmit    original   certificate    to    state    commissioner    of 

health 266 

Registration: 

births  and  deaths,  local  health  officers  to  enforce 34 

registrar  of  vital  statistics 265 

state  commissioner  of  health 264 

deaths  without  medical  attendance 257 

defective,  vital  statistics,  correction 253 

districts,    vital   statistics 251 

laboratories  handling  pathogenic  germs 504 

midwives .  .C  344,  C  346 

midwives,  physicians,  undertakers 262 

nurses 169 

Registry,  children  employed,  mercantile  establishments 500 

Regulations,   sanitary  code,  posting  in  barber  shops C  357 

posting     in     boarding     and     lodging     houses     receiving 

tuberculosis C  362 

posting  in  labor  camps : . . . .  C  349 

21 


642  The  Public  Health  Manual 

Page 
Regulations,   hospitals  for  contagious   disease,   public  health 

council    may    establish 16 

Regulations,   transportation  of  dead  bodies  by  common  car- 
riers   subject    to C  359 

see  also  rules   and   regulations. 
Removal: 

articjes  contaminated  with  infective  material C311 

cases  of  communicable  disease C  310 

or  isolation,  certain  cases C  319 

or  isolation,  smallpox C  318 

to  hospital  from  lodging  house,  etc C  320 

tuberculosis  case,  physician  to  notify  health  officer 216 

Removal  of  nuisance,   see  nuisance. 

Removal  permit,   for   dead   body 252,    253,    265 

Renewal  of  license  to  boarding  house  receiving  children....   C  361 
Renewal  of  permit: 

to  sell  milk  and  cream C  333 

reinspection  necessary   C  335 

Rendering  plants    531 

Rendering  plants,  etc.,  prohibited  within  three  miles  of  city.  50 

Renovation,  at  expense  of  owner  or  agent,  after  tuberculosis.       216 

methods  and  precautions  to  be  observed C328 

required,    following    communicable    disease,    expense    of 

owner C  327 

Reporting: 

certain  diseases,  cities  of  first  class; 39 

communicable  disease,  to  and  by  health  officer 38 

by  physicians    C305 

in   institutions    28,  C  307 

on  dairy  farms,  by  physicians  and  health  officer.  .  .   C  308 
disease   presumably  communicable: 

camps C  308,  C  352 

dairy  farms    C  309 

private     households,     hotels,     boarding     or    lodging 

houses C  308 

schools C  307 

vessels C  308 

food  poisoning C  324 

industrial  establishments  under  1903  law 74 

infectious  and  communicable  diseases,  animals 380 

municipal  authorities  under  1903  law 73 

persons  bitten  by  rabid  animal C  306 

violating  laws  and  regulations   concerning  venereal 

diseases C  318 

tuberculosis,  apparent  case 214 

apparent  case,  duty  of  health  officer. C  325 


Index  643 

Reporting  —  continued  Page 

penalty  for  false  reports   223 

recovery  of  patient 224 

vaccinations ." 200 

Reports,  monthly,  of  health  officers  required C  358 

Reports  written: 

presumptive  evidence    34 

required,  inspection  of  boarding  houses  for  children C  361 

reinspection  boarding  houses  for  children C  361 

Requisitions,  tuberculosis  supplies 223 

Restaurants    531 

common  drinking  and  eating  utensils  forbidden C  356 

common  towel  forbidden C  355 

handling  of  food  forbidden  in  certain  cases C  323 

permit  required,   in   health  zone C  359 

preparation  and  service  of  food 233 

Right  of   entrance   and   inspection: 

health  workers  and  inspectors C  312 

institution  for  children,  maternity  hospital,  etc 513 

kitchens  of  public  places  and  institutions 233 

mercantile  establishments 503 

suppress  or  remove  nuisance 44 

to  ascertain    sewage   discharge 75 

Riparian  owners,  common  law  rights  not  affected 76 

Rochester,  excepted : C  347 

Rooms,  letting  forbidden  while  contaminated  with  infective 

material    C  329 

Rules  and  regulations: 

care  and  maintenance  of  typhoid  carriers 49 

carriers  of  disease  germs  subject  to C  32  4 

commissioner  of  education  may  adopt,  regarding  medical 

inspection  of  schools 445 

commissioner  of  health  may  enact  for  labor  camps....    C  353 

for  preparation  and  service  of  food 233 

for  submission  of  specimens,  gonorrhoea,  chancroid 

and    syphilis    C  306 

for  testing  potency  of  antipneumococcus  and  anti- 

meningococcus  serum   C  362 

for  transportation  of  dead  bodies  by  common  car- 
riers        C  359 

disinfection  of  discharges,  to  be  followed C  313 

of  excreta,   to  be  followed C  312 

disinfection,  to  be  complied  with C  311 

in  labor  camps   C  351 

existing,    continued    -. 449 

isolation  of  persons  affected  with  communicable  disease  C  310 


644  The  Public  Health  Manual 

Rules   and    regulations  —  continued  Page 

persons  having  venereal  disease,   approval  required....  239 

practice  of  midwifery,  subject  to. C  347 

water  supplies,  protection 59 

legalized 62 

Saloon,  common  drinking  and  eating  utensils  forbidden....  C  356 

Samples,   blood,  to  be  submitted,  typhoid  and  para-typhoid.  C  310 

food  and  drugs,  to  be  furnished  for  tests 55 

medicines,  drugs  and  chemicals,  careless  distribution. ...  521 

Sanitary  code 531 

see  code,   sanitary. 

Sanitary  districts 13 

inspection,  places  of  public  assemblage  and  schools....  33 

Sanitary   supervisor,    appointment,    duties 13 

qualifications  established  by  public  health  council 11 

score  dairy  farm  in  case  of  protest C  335 

survey,    health    officer » 33 

Scabies,   exclusion  from  school 445 

Scarlet  fever: 

a  communicable  disease C  305 

contacts  not  to  handle  food  or  food  products  for  sale. .  C  323 

destruction  of  foods  in  certain  cases C323 

furniture,  clothing,  etc C  329 

disinfection    of    discharges C  312 

distribution  of  circulars  and  notice  to  tenants C313 

duties  of  undertakers   C  331 

exclusion    from    school 445 

exclusion  from  schools  and  gatherings C316 

children  of  households C  316 

exposure  of  persons  affected  with ,  .  .  C  314 

exposure    to,    prohibited C  315 

letting  rooms   forbidden   until   cleansed C329 

maximum  period  of  incubation C  320 

minimum  period  of  isolation C  322 

placarding  premises C  313 

precautions  by  physicians  and  attendants .  C  313 

public    funerals    forbidden    without    consent    of    health 

officer     C  332 

quarantine   in   certain   emergencies C  320 

removal    of    articles C  311 

of  cases C  310 

to  hospital  from  hotel,  lodging  house,  'etc C  320 

to   hospital,    or   isolation*. C  319 

reporting,   on   dairy   farms C  309 

-       sale  of  foods  forbidden  in  certain  cases C  322 


Index  645 

Schools :  Page 

attendance,  certificate  required  for  vacation  permit....  497 

parents  to  compel 446 

penalty  for  failure  to  compel 447 

certified  copy  of  birth  certificate,  evidence  of  age 264 

children,    vaccination    199 

common  drinking  or  eating  utensils  forbidden C  356 

contagious  diseases;  return  after  illness 445 

employment   of   medical   inspectors 442 

examination  by  medical  inspectors 444 

exclusion  of  cases  of  certain  communicable  diseases.  445,  C  316 

cases  of  disease  presumably  communicable C  315 

children  of  households  where  certain  communicable 

diseases  exist    C  316 

medical   inspection   to   be    provided 442 

officers,    removal     439 

persons     affected     with     chickenpox,     German     measles, 

mumps   or   whooping   cough C  316 

plans  and   specifications,   approval 440 

provisions  for  outbuildings 441 

pupils   to   furnish   health   certificate 443,  C  315 

record    furnished    local    health    authorities 488,    496 

record  of  examinations,  eye  and  ear  tests 444 

reporting  diseases  presumably  communicable C  307 

tuberculosis  apparent  case 214 

rules  and  regulations  to  be  adopted  for  medical  inspec- 
tion       445 

school  nurses  to  aid  medical  inspectors 442 

state   medical   inspector  of 446 

ventilation     '      440 

withholding  public  money  from 439 

Scoring  dairy  farm,  see  milk. 

Second  class  cities,  actions  to  restrain  nuisances 533 

approval  of  plans  for  sewers  and  drains 533 

department  of  health    532 

deputy  health  officer 532 

duty  in  case  of  peril  to  public  health 533 

health  officer    532 

public  health  law  applicable   534 

Second   class  cities  law,   extracts 532 

Secretary  of  state,  regulations  of  sanitary  code  filed  with..  10 

report  of  examination  into  nuisances  filed  with 17 

Secretary  public  health  council 9 

Septic   sore   throat,    see  sore   throat,    septic. 

Serum,  sale  of  antipneumococcus  and  antimeningicoccus.  ...  C  362 

Service  of  notice,  see  notice,   service  of. 

Sewage,   defined    70 


646  The  Public  Health  Manual 

Sewage  disposal:  Page 

actions  by  municipality  to  prevent . .  77 

approval   required   for  construction 404 

as  affecting  potable  waters 403 

contracts 467 

labor   camps C  350 

Sewer,    injuring 517 

Sewerage: 

powers  and  duties  local  boards  of  health 32 

sewer  assessments   local   boards   of   health,   villages....  32 

Sewerage  and  sewage  disposal 534 

contracts  .  .  ..   465,   467 

for  state  institutions,  approval  of  plans 20 

Sewers,  towns: 

acquisition   of  property  <by   condemnation 552 

action   by  town   board 549 

annual  statement  of  commissioners 558 

appeal  from  apportionment. 554 

apportionment   of  local   assessment 553 

approval  and  filing  of  maps  and  plans 551 

constructing  laterals  in  sewer  districts 559 

contracts  for  construction  of  laterals 560 

for  construction  of  sewer  systems 551 

expense  of  maintenance,    how   raised 556 

fees  of  commissioners 556 

hearing  of  appeal  from   apportionment 554 

improvements,   how  paid  for , 561 

oaths  and  undertakings  of  commissioners 550 

procedure  by  new  commissioners 555 

reapportionment    , 555 

sewer  connections    558 

supervising  engineers,  inspectors  and  attorney 552 

town  board  may  direct  construction  of  portion  of  system  547 

may  establish  sewer  systems 545 

Sewers,   village: 

acquisition  of  property  by  condemnation 573 

annual  report  of  commissioners 578 

appeal   from   apportionment. 575 

apportionment  of  local  assessment 574 

construction  of  sewer  at  expense  of  village 572 

at  joint  expense 572 

wholly  at  expense  of  property  benefited 573 

contracts  for  construction  of  system 574 

contracts  with  other  municipalities  or  districts 577 

establishment  of  sewer  system 571 

expense  of  construction,  how  raised 576 

fees  of  commissioners 576 


Index  647 

Sewers,    village  —  continued  Page 

hearing  of  appeal 575 

permission  to  omit  from  construction  portion  of  system  572 

procedure  by  new  commissioners 576 

reapportionment     575 

reimbursement    for    sewers    constructed    at    private    ex- 
pense   572 

sewer  connections    579 

supervising  engineer;  inspectors   574 

tax  for  unpaid  assessments 577 

Sewers  and  drainage: 

hotels   248 

Sewers  and  drains  second  class  cities 533 

Sexual  intercourse  person  with  venereal  disease  with  person 

in  military  or  naval  service,  felony 241 

Sheets    535 

Sheets,  length  of,  in  hotels 24S 

Shellfish 535 

Shellfish  grounds,  sanitary  inspection 401 

Sleeping  apartments,  drug  stores  and  pharmacies 158 

grocery  and  provision  stores 159 

Smallpox: 

a   communicable   disease C  305 

additional  compensation  to  health  officer 30 

adults   to   be   quarantined C  310 

control    of    contacts C  318 

destruction  of  foods  in  certain  cases. C  323 

destruction  of  furniture,  clothing,  etc C329 

distribution   of  circulars  and  notice   to   tenants C  313 

duties    of    undertakers C  331 

exclusion    from    school 445 

exclusion  from  schools  and  gatherings C316 

exclusion  of  children  of  households C  316 

exposure  of  persons  affected  with v C  314 

instructions  as  to  disinfection  of  discharges C312 

isolation   or  removal C  318 

letting  of  rooms  forbidden  until  cleansed C  329 

maximum  period  of  incubation C  321 

minimum  period  of  isolation C322 

needless  exposure  to C  315 

placarding   premises C  313 

provision  for  free  vaccination 39,  C  319 

public    funerals    forbidden    without    consent    of    health 

officer     C  332 

removal  of  articles C  311 

of    cases    C  310 

reporting,  cities  of  first  class = 39 


648  The  Public  Health  Manual 

Smallpox  —  continued  Page 

reporting  on  dairy  farms C  309 

sale  of  food  forbidden  in  certain  cases C322 

*  vaccination   of   school   children 199 

Sneezing,  unguarded,  in  public  places  forbidden C355 

Sore  throat,   epidemic  or  streptococcus   (septic) 

a  communicable  disease  C  305 

destruction  of  food,  certain  cases C323 

exclusion  from  schools  and  gatherings C316 

handling  of  food  forbidden,  certain  cases C323 

health  officer  to  distribute  circulars  and  notify  tenants.  .    C  313 

hotel,  boarding  or  lodging  house C  311 

instructions  as  to  disinfection  of  discharges C312 

reporting,  on  dairy  farms C  309 

sale  of  food  forbidden  certain  cases C  323 

Spitting     535 

Spitting  in  public  places  forbidden C  355 

Sputum    examination     215,  C  325 

Stables,  sanitation  and  inspection 382 

State  board  of  charities,  approval,  incorporation  of  maternity 

hospital    514 

inspection  county  tuberculosis  hospital 424 

State  board  of  dental  examiners 118 

embalming    examiners 181 

examiners  in  optometry 189 

State  board  of  health,  see  state  department  of  health. 

State  board   of   medical  examiners 102 

examination  for  license  to  practice  medicine 103 

report   of    examinations 105 

State  board  of  pharmacy 148 

apprentices  and  employees,  drug  store  and  pharmacy. .        158 

make  additions  to  poison  schedule '  163 

powers  and  duties 150 

State  board  of  veterinary  medical  examiners 136 

State  corporation  law 535 

State   dental   society 116 

State  department  of  health: 

actions  on  violations  of  water  rules 61 

actions,  proceedings  and  authority,  judicial 11 

analysis,  spirituous,  fermented  or  malt  liquors 54 

annual  report    19 

appoint    embalming    examiners 184 

approval  and  filing  map  and  plan  for  sewer  system....        551 

approve  process  of  sterilization  of  mattresses,  etc 454 

questions   for   embalming   examinations 183 

assistance  in  securing  reports  of  industrial  poisonings..        483 
books  and  forms,   domestic  relations  law,   furnished.  ...        437 


Index  649 

State  department  of  health  —  continued  Page 

certification  of  cases  reported  by  health  officer 39 

compensation  of  officers  and  employees il 

convene  local  board  of  health  for  public  good 40 

county  tuberculosis  hospitals,  visit  and  inspect 424 

divisions    12 

duty,   adulteration   food   and   drugs 53 

reports  of  embalming  examinations 185 

enforce  vital  statistics  law 250 

examination  for  license  as  embalmers 183 

examination  water  pollution   78 

exemption  in  case  of  adulteration 53 

health  officers,  first  class  cities,   report  certain  diseases  39 
health  officers  to  report  physicians  failing  to  report  com- 
municable  diseases    C  326 

illuminating  oils,   tests 452 

inspection  of  county  tuberculosis  hospitals 424 

maps  and  plans,  sewer  systems,  approval,  town 551 

village    571 

marriage  licenses  and  certificates  furnish 437 

marriage    records    filed    with 436 

notice  to  convene   local  board,   nuisances 40 

notified  of  membership  and  organization,  local  board  of 

health    24 

violation  of  water  rules 61 

plans  for  removal  or  disposal  of  sewage,  approval 78 

prepare  forms  and  books  for  marriage  records 437 

prescribe  tests  for  illuminating  oils 452 

provide  forms,  procedure  and  precaution  blanks,  tuber- 
culosis      2  21 

recommend    for    license    by    state    board    of    embalming 

examiners 185 

records   of   syphilis,    gonorrhea,    chancroid,    confidential..  C  317 

registration  of  births  and  deaths 250 

report  to,  person  violating  law  or  regulations  regarding 

venereal  disease    C  318 

reports  of  infectious  and  contagious  disease 38 

violations,  food  and  drug  provisions 58 

rules  and  regulations,   isolation  of  person  affected  with 

communicable    disease     C  310 

persons  having  venereal  disease,  approval  requires.  239 

practice    of    midwifery C  347 

to  be  followed,  cleansing,  renovation  and  disinfection  C  32  8 

to  be  followed,  disinfection  of  the  person C  316 

water   supplies    59 

sewerage 63 

State  hospital  for  tuberculosis,  Ray  Brook 541 


650  The  Public  Health  Manual 

Page 

State  institute  for  study  of  malignant  disease * .  241 

State   institutions : 

analysis  of  water  supply 20 

annual  examination  and  inspection 20 

approval  of  plans  and  inspection 20 

examination  of  food  for 363 

report  of  contagious  or  infectious  diseases 20,  C307 

State  medical  inspection  of  schools 446 

Stillborn   children,    registration 254 

Steamboat,  preparation  and  service  of  food 233 

right  of  entrance  and  inspection  of  kitchens 283 

Sterilization  of  feeblemineded,  criminals,  and  other  defectives  245 

instruments  of  manicures  and  chiropodists C357 

materials  for  mattresses 454 

shaving  brushes C  357 

Store,  common  drinking  and  eating  utensils  forbidden C  356 

common  towel  forbidden C  355 

Storekeepers,    temporary    permits,    may    sell    medicines   and 

poisons 157 

Stores,  pharmacy   157 

Street  cars,  number  of  passengers  on 530 

Subpoenas,  issued  by  commissioner  of  health 13 

by  local  board  of  health 31 

Subregistrar,    vital    statistics 252 

Suffolk  county,  mosquito  extermination  commission 507 

Summer  resorts    541 

Sunday  school,  exclusion  of  cases  of  disease  presumably  com- 
municable   C  315 

exclusion  of  cases  of  certain  communicable  diseases. ...  C  316 
exclusion  of  children  of  households  where  certain  com- 
municable   diseases    exist    C  316 

Superintendent,   county  hospital,  powers  and  duties 417 

institution   or   dispensary,    prevent   spread   of   communi- 
cable disease   C  314 

institution,   report   communicable   disease C307 

report  food  poisoning   C  324 

Superintendent  or  person  in  charge  of  labor  camp,  to  enforce 

code    C  352 

reporting  disease  presumably  communicable C308 

Supervising  engineers  sewer  systems,  town 552 

village    574 

Supplies  to  be  furnished  tuberculosis  patients 223 

Suppression  of  certain  nuisances  (houses  of  prostitution,  etc.)  234 

Surgeon,  performing  autopsy,  duty 16 

Surgery,  osteopaths  not  to  perform,  with  instruments 113 

Swine,   keeping  of 568 


Index  651 

Page 

Syphilis,  a  communicable  disease C  305 

exposure   to,   prohibited C  315 

in  infective  stage,  occupations  forbidden C317 

sexual  intercourse  with  persons  in  military  or  naval 

service,  felony 241 

physician  to  instruct  patient  as  to  precautions C  317 

records  confidential   C  317 

submitting-  specimens  for  laboratory  examinations C  306 

see  also  venereal  diseases. 

Tagging-  mattresses,  box  springs  and  metal  bedsprings 453 

Tainted    food,    disposition 522 

Teacher: 

exclusion   from    school   of    cases    of    communicable    dis- 
ease      445,  C  316 

cases  of  disease  presumably  communicable C  315 

children  of  households  where  disease  exists C  316 

examination  by  medical  inspectors 445 

report  apparent  cases  of  tuberculosis 214 

report  diseases  presumably  communicable C  307 

to  be  notified  of  existence  of  certain  diseases C  313 

Tenement  houses  in  cities 20 

inspection  when  ordered  by  governor 20 

manufactures  in,   permit 46 

Tenement  house  law 542 

Tenement  made  articles 491 

Tetanus,  a  communicable  disease C  305 

Theatre,  common  drinking  and  eating  utensils  forbidden.  ...    C  356 
Throat,   septic   sore,   see  sore  throat,   septic. 

Tobacco     541 

furnishing    minors    in    reformatories,    regulated 514 

furnishing    to    children 514 

Tonsilitis,   exclusion  from   school 445 

Towel,   common,   forbidden    C  355 

individual,   barber  shops C  356 

hotels   248 

Towels 542 

Town  board,  action  regarding  sewer  district 549 

constitute  local  board  of  health 24 

constitution    and   meetings 542 

direct  construction,  portion  of  sewer  system 547 

may  establish  sewer  system 545 

registrar,   appointment 252 

sewer  system,  petition 545 

transference  powers,  etc.,  from  board  of  health 25 

Town  board  of  health,  see  local  board  of  health,  towns. 


652  The  Public  Health  Manual 

Page 

,  Town  clerk,  duty  in  respect  to  issuing  marriage  licenses. ...  432 

records  of  marriages  to  be  kept  by. 435 

to  issue  marriage   licenses , 431 

Town  law i 542 

Town  law,   sewers * .  545 

Town   sewer  systems,    see  sewers,    towns. 
Trachoma: 

a  communicable  disease C  305 

exclusion    from    school . . 445 

exclusion  from  schools  and  gatherings C  316 

Transportation  of  dead  bodies  by  common  carrier C  359 

Trolley  car  or  station,  common  drinking  and  eating  utensils 

forbidden C  356 

Trolley  station,   common  towel  forbidden C  355 

Tuberculin,   disposition  and   use 391 

Tuberculosis     -..•... 563 

a  communicable  disease   . C  305 

apparent  case,  duty  of  health  officer C  325 

report  by  nurses,  teachers,  etc 214 

application  of  provisions,  New  York  city  excepted 224 

boarding  houses,  inspection  by  health  officer C  361 

careless  patient  declared  guilty  of  nuisance 218 

cleansing  and  renovation  at  expense  of  owner  or  agent. .  216 

control  of  dangerous  and  careless  patients ...  .  .  219 

deaths,  registrar  to  report  to  health  officer 214 

declared  infectious  and  communicable 213 

disinfection  at  public  expense 217 

disinfection   of   premises 216 

duties   of  physician   and   other  persons   to   carry   tuber- 
culosis law  into  effect C325 

exclusion   from    school 445 

failure  of  physicians  to  report  case  while  living 215 

fee  to  physician  caring  for  case 222 

general  penalty 224 

health  officer  to  ascertain  whether  cases  reported  while 

living    215 

to    direct    disinfection,    cleansing    or    renovation    of 

vacated  premises    216 

to  supply  circular  of  information 223 

hospitals,  camps,  etc.,  in  towns,  establishment 211 

letting  of  rooms  forbidden  until  cleansed C329 

occupancy  of  premises  forbidden 218 

penalty  for  false  statement  or  report 223 

petition    for   approval    of    site    for   hospital,    camp,    etc., 

towns     216 

procedure  and  precaution  blanks 221 


Index  653 

Tuberculosis  —  continued  Page 

protection  of  patient's  family    221 

records   confidential    215,  C  358 

records  may  be  produced  only  upon  subpoena C  360 

register,  by  health  officer 215 

report   by   institution,    to   health   officer   of   municipality 

where  patient  resided   214 

reporting  by  physicians  and  others 214 

reporting  recovery  of  patient 224 

sputum    examination    215 

state   hospital  for  incipient,   see  Ray  Brook. 

supplies  for  patients 221 

visits  by  public  health  nurse 2  22 

when  physicians  unwilling  to  care  for  case 221 

Tuberculosis,  bovine: 

appraisal  of  diseased  animals 387 

examination  at  request  of  owner,  Bang  system 385 

physical    examination    of    cows 383 

sale   of  animals  affected 386 

Tuberculosis,    county  hospitals  for,   see    county   tuberculosis 
hospital. 

Tuberculosis  hospital: 

first  class  city,  approval  local  board  of  health 460 

establishment 459 

selection  of  site 460 

furnishing    liquor   to    patient   except   upon   written   pre- 
scription  forbidden    505 

prison  made  articles  and  materials  to  be  purchased....  528 

workshops    in    connection   with 468 

see  also  tuberculosis  and  county  tuberculosis  hospital. 

Tuberculosis  registers: 

health  authorities  to  protect 216 

health  officer  to  permit  inspection,  in  certain  cases C  358 

health  officers  to  keep 215 

Tuberculosis   reports   confidential 39 

Tuberculosis    resort,    disinfection    at    expense    of    owner    of 

premises 217 

Typhoid  carriers,  care  and  maintenance 49 

control,    commitment 219 

Typhoid  fever: 

a  communicable  disease C  305 

carriers  subject  to  rules  and  regulations C324 

contacts  not  to  handle  food  or  food  products  for  sale. ...  C  323 

destruction  of  food  in  certain  cases C  323 

health  officer  to  distribute  circulars  and  notify  tenants.  .  C  313 

instructions  as  to  disinfection  of  excreta '. C  312 

minimum  period  of  isolation C  322 


654  The  Public  Health  Manual 

Typhoid  fever  —  continued  Page 

on  dairy  farm,  destruction  of  food  in  certain  cases. .....   C  323 

sale  of  food  permitted  in  certain  cases C  322 

removal  of  articles  contaminated  with  infective  material  C  311 
sample  of  blood  to  be  submitted  for  laboratory  examina- 
tion        C  310 

Typhus   fever: 

a   communicable   disease C  305 

duties  of  undertakers C  332 

exposure  prohibited   C  314 

exposure   to,   prohibited C  315 

health  officer  to  distribute  circulars  and  notify  tenants. .   C  313 

to  placard  premises C  313 

letting  of  rooms  forbidden  until  cleansed C329 

public   or  church   funeral  forbidden  without  consent  of 

health  officer   C  332 

quarantine  of  entire  household  in  emergencies C  320 

removal  of  articles  contaminated  with  infective  material  C  311 

removal  of  case , C  311 

removal  to  hospital  or  isolation C  320 

reporting,  cities  of  first  class 39 

Undertakers     563 

deaths  from  infectious  diseases 265 

duties  of    257,  C  331 

duty,  death  occurring  without  medical  attendance 257 

illegal  practice  of  embalming 52  4 

license   to   practice    185 

preparation  of  body,  certain  communicable  diseases....   C  331 

public  funerals  forbidden  in  certain  cases C332 

registration 187,  262 

utensils  to  be  sterilized C  332 

Utensils: 

common  drinking  and  eating,  forbidden C355 

milk,  to  be  cleansed C  336 

unclean    370 

of  chiropodists  and  manicures,  kept  clean  and  sanitary.   C  357 

of  undertakers,  to  be  sterilized C  332 

separate,  for  tuberculosis  wards,   city  hospitals 460 

Vaccination    563 

board  of  health  to  provide  free 39,   199,  C  319 

expense,  and  additional  payment  to  health  officer 200 

how  made ;  reports 200 

only  approved  virus  to  be  used 200 

or  quarantine  of  contacts  with  smallpox  case C319 

report  to  commissioner  of  health 201 

Veal,  shipping,  slaughtering  and  selling  for  food 394 


Index  655 

Page 

Venereal  diseases 564 

advertisements  relating  to,  prohibited 515 

bureau  of 301 

free  treatment  for  indigent  persons 240 

health  district  defined 241 

isolation  may  be  required 239 

medical    examination   of   persons    convicted    for    certain 

offenses 239 

order  restraining  examination  of  suspects 238 

penalties 240 

reports  and  information  confidential 240 

permitting  use  of  building  for  prostitution,  misdemeanor.  518 
person    affected    with,    having    sexual    intercourse    with 

person  in  military  or  naval  service,  felony 241 

statement  required  for  license  to  marry 432 

suspected  persons,  medical  examination  required 238 

treatment  only  by  physicians  or  on  their  prescriptions. .  240 

treatment  required    ; .  239 

see  also  chancroid,  gonorrhea,  syphilis. 

Ventilation 564 

Ventilation,  boarding  houses  for  children C  361 

institutions   for   children 205 

Version,  midwives  forbidden  to  perform C347 

Vessel: 

removal  of  articles  contaminated  with  infective  material.  C  311 
removal  of  case  of  communicable  disease  without  per- 
mission of  health  officer C  310 

right  of  entrance  and  inspection  by  health  workers C  312 

reporting  disease  presumably  communicable C  308 

Veterinarian,  see  also  narcotic  drug  control. 

Veterinary  medicine  and  surgery 134 

construction  of  article 143 

definitions     134 

examinations  for  license 137 

licenses 139 

penalties  and  their  collection   144 

qualifications  for  practice 135 

registration  in  another  county 142 

registry 141 

state  board  of  examiners 136 

examinations  and  reports 138 

expenses 137 

meetings 137 

questions  for  examination  for  license 138 

unauthorized  registration  and  license  prohibited. ...  143 


656  The  Public  Health  Manual 

Veterinary  service:  Page 

bureau   of,    department   of  agriculture 379 

Veterinary  surgeons    565 

Veterinary  surgeons,  approved  by  commissioner  of  agriculture .  379 

misconduct  of    524 

Village: 

board  of  health,   appointment  of  registrar 251 

consists  of  board  of  trustees 24 

transference  of  powers  to  board  of  trustees 25 

board  of  trustees,  meetings .*. .  566 

keeping  of  calves  and  swine 568 

not  to  be  taxed  to  maintain  town  board  of  health 48 

officers 565 

sewers,  see  sewers,  village. 

Village  law 565 

Violation: 

actions  for 75 

embalming  and  undertaking 188 

law  or  regulations,  venereal  disease,   to  be  reported....  C  318 

local  board  of  health  to  ascertain,  section  76 ,. .  75 

maintaining  refuse  discharge  pipe 72 

milk,  provisions,  local  health  officer 55 

of  health  laws  or 'regulations,  penalty 22 

optometry 196 

pharmacy 163 

proof  required   in  prosecution 167 

registration  of  nurses 171 

report  by  board  of  health  to  commissioner 75 

sanitary  code,   civil  penalty 22 

misdemeanors .10,  C  304 

sanitary  conditions,   hotels 248 

tuberculosis    law,    penalty.  .  . 224 

water  rules 61 

Visiting,    restricted;    diphtheria,    measles,    scarlet   fever   and 

poliomyelitis C  319 

Vital  statistics: 

certificate  of  birth 260 

of  death 255 

certified  copies  of  birth  certificate  evidence  of  age. .....  264 

certified  copies  of  records 267 

correction  of  defective  registration 253 

district  records  to  be  kept  by  registrar 265 

duties  of  state  commissioner  of  health 250 

of  undertakers 257 

enforcement  of  provisions 2  70 

fees  of  registrars 2  66 

interments  .  .  .    258 


Index  657 

Vital  statistics  —  continued  Pa 

New  York  City  exempted «? , 

penalties """"""]"  268 

permits  for  burial  or  removal  of  dead  bodies! ........  953 

records  to  be  kept  by  commissioner '  963 

registrar  appointment,  removal 2  51 

registration,    births 259 

births  and  deaths 250 

deaths  without  medical  attendance 257 

midwives C  344 

name  of  child 262 

persons  in  institutions 263 

physicians,  midwives,  undertakers j]        262 

stillborn  children    254 

registration  districts .  . .  .  251 

subregistrar,  appointment,   duties,  removal. .' .  .' .  .  .  .  ."  252 

Waiter    affected  with  or  exposed  to  communicable  disease', 

forbidden  to  prepare,  serve  or  handle  food c  323 

Waitress,  affected  with  or  exposed  to  communicable  disease 

forbidden  to  prepare,  serve  or  handle  food '  C  3^3 

Warrants  by  local  board  of  health 3! 

Washing  facilities,   separate,  for  tuberculosis  wards "in  city 

hospitals 460 

Waste  matter,  discharge  from  industrial  establishments  74 

Water: 

contracts  for  purification    465 

overflow  from   canals .  17 

pollution,  order  to  discontinue 68 

Water  supply "       580 

construction  of  privies  more  than  200  feet  from,  camps.  C  350 

location  and  drainage  of  stables,  camps,  regulated C  351 

maps  and  plans  to  be  submitted ; 402 

New  York  city  sanitary  control  limited 66 

privies  between  50  and  200  feet  from,  camps C  350 

rules  and  regulations  for  protection  of 59 

legalized 62 

sewage  disposal  as  affecting [][  403 

state  institutions,  approval  of  plans;  analysis 20 

water  rules  to  be  observed  in  camps C  351 

Water,   polluting  forbidden 401 

Whooping  cough: 

a   communicable   disease t  q  305 

disinfection  of  discharges \ '        .'  .C  312 

exclusion  from  school ii5 

children  of  household  from  schools  and  gatherings.  .  C  316 

from  schools  and  gatherings C  316 

exposure  to,  prohibited q  315 


658  The  Public  Health  Manual 

Whooping  cough  —  continued  Page 

health  officer  to  distribute  circulars  and  notify  tenants.  C  313 

maximum  period  of  incubation C  321 

minimum  period  of  isolation C  322 

precautions  to  be  observed,  exposure  of  school  children.  C  316 

removal  of  case C  310 

Wilful  violation  of  health  laws  or  regulations 519 

Wilfully  poisoning  spring,  well,  food,  etc 524 

Wine,  half,  and  made,  defined;  marking 57 

pure,   defined 56 

Wines,   adulterated,    denned 56 

Witnesses,  commissioner  of  health  may  compel  attendance..  13 

local  board  of  health  may  compel  attendance ; 31 

Women  and  children,  employment  in  basements 502 

Wood  alcohol,  poisoning  to  be  reported ' 483 

Working  hours,  drug  stores  and  pharmacies 158 

grocery  and  provision  stores 159 

Workshop  in  connection  with  tuberculosis  hospital 468 

Workshops  in  tenements,   inspection 46 

Written    reports    of    health    officials,    nurses    and    inspectors 

presumptive  evidence  of  facts 34 

Yellow  fever,  reports,  first  class  cities 39 


COLUMBIA   UNIVERSITY   LIBRARIES 


This  book  is  due  on  the  date  indicated  below,  or  at  the 
expiration  of  a  definite  period  after  the  date  of  borrowing,  as 
provided  by  the  library  rules  or  by  special  arrangement  with 
the  Librarian  in  charge. 


DATE  BORROWED 

DATE  DUE 

DATE  BORROWED 

— -!-■  .-  '■--     -■  —..  ... 
DATE  DUE 

<—        »                r 

- 

-'      *    t 

'       •"* 

C28  (747;  MIOO 

*1,r 


RA  IZ-I.  AST 


i     1948   BINDERY 


